ILLINOIS 
DEPARTMENT OF 

MINES AND MINERALS 

Laws and Regulations 
Governing the Opera¬ 
tion of Metal 
Mines 

Effective January 1, 1922 



ROBERT M. MEDILL 

Director 

SPRINGFIELD 

[Printed by authority of the State of Illinois.] 



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ILLINOIS 
DEPARTMENT OF 

MINES AND MINERALS 

Laws and Regulations 
Governing the Opera¬ 
tion of Metal 
Mines 

Effective January 1, 1922 



ROBERT M. MEDILL 

Director 

SPRINGFIELD 


[Printed by authority of the State of Illinois.] 





Schnepp & Barnes, Printers 
Springfield, III. 

1922 


60458—1500 


LIBRARY OF CONGRESS 

rfcsivco 

FE0I-1822 

0OOUW6NTS ii.'VjjlON 

nrr.vf^Tgiimii—, 



CONTENTS 


Sec. 1.—To whom Act applies—Act cited as 
“Mines Inspection Act’’—definition of 
words, terms and phrases. 

Sec. 2.—Inspector of mines—qualifications—com¬ 
pensation—vacancy. 

Sec. 3.—Inspector of mines—under jurisdiction 
of Department of Mines and Minerals— 
employees. 

Sec. 4.—-Qualifications for office—removal. 

Sec. 5.—What records to be kept. 

Sec. 6.—Duties of operators—failure to perform 
—penalty. 

Sec. 7.—Appointment of persons to accept ser¬ 
vice. 

Sec. 8.—Inspectors not to make reports public— 
penalty. 

Sec. 9.—Inspectors to visit mines—witnesses— 
refusal to obey subpoena—penalty. 

Sec. 10.—When mine is found not to comply with 
Act—court proceeding’s, etc. 

Sec. 11.—Refusal of cypp'rator to allow inspection. 

Sec. 12.—Record of inspection. •“* 

Sec. 13.—Complaints—duty, of . inspector. 

Sec. 14.—Serious accidents—Duty of inspector. 

Sec. 15.—Loss of life—inquest. • 

Sec. 16.—When serious or fatal accident is caused 
by violations of Act—report and 1 pro¬ 
cedure of inspector. ’ V. V F_1 . 

Sec. 17. —Statistical summary —-pubUc,atjQpi • and 
distribution. 

Sec. 18.—Duties of superintendent of mine. 

Sec. 19.—Duties of mine foreman—qualifications 
for appointment. 

Sec. 20.—Mining' engineer—qualifications and du¬ 
ties. 

Sec. 21.—First aid—articles required for aid of 
injured specified. 




CONTENTS—Concluded. 


Sec.. 22.—Map of underground workings. 

Sec. 23.—Refusal or neglect to make map. 

Sec. 24.—Infiamable materials—care and storage. 

Sec. 25.—Explosives—rules and regu'ations. 

Sec. 26.—Explosives to be plainly marked in the 
English language. 

Sec. 27.—Tamping and firing blasts—rules and 
regulations. 

Sec. 28.—Hoisting engineers. 

Sec. 29.—Hoisting—rate of speed and number car¬ 
ried in cage-signals and precautions re¬ 
quired. 

Sec. 30.—Hoisting devices. 

Sec. 31.—Rules for hoisting engineer. 

Sec. 32.—Hoisting ropes and cables—regulations. 

Sec. 33.—Construction of cages, etc. 

Sec. 34.—Boilers—care and inspection. 

Sec. 3 5.—Protection of machinery by guard rails 
etc. 

Sec. 36.—Employment of miners. 

Sec. 37.—Outlets to surface—regulations. 

Sec. 38.—When mines have only one outlet. 

Sec. 39.—Combustible structures—compartments 
—regulations. 

Sec. 40.—Exits and outlets—signs—lights etc. 

Sec. 41.—Ventilation. 

Sec. 42.—Closets—stables — drinking water— 
dressing rooms. 

Sec. 43.—Inspection of roofs, etc. 

Sec. 44.—Intoxicating liquors not allowed—excep¬ 
tion. 

Sec. 45.—General rules for operation and equip¬ 
ment. 

Sec. 46.—Definition of terms relative to electrical 
installation—rules for equipment and 
operation. 

Sec. 47.—Care of electrical equipment. 

Sec. 48.—Penalty—County Courts to have juris¬ 
diction—duty of Attorney General and 
State’s attorneys. 

Sec. 49.—Act effective January 1, 1922. 




METAL MINES AND SUBJECTS 
RELATING THERETO 


Ax -Act concerning metal mines and subjects 
relative thereto and providing for the health 
and safety of persons employed therein. 

Section 1. Be it enacted by the People of 
the State of Illinois, represented in the General 
Assembly: That this Act shall apply to all 
mines in the State of Illinois producing min¬ 
erals within the meaning of that term, as here¬ 
inafter defined, and employing an average of 
ten or more men. 

(b) This Act may be cited as the mines-in- 
spection act. 

(c) For the purpose of this Act the singu¬ 
lar numbers when in reference to persons, acts, 
objects and things of whatsoever kind and de¬ 
scription shall whenever the context will per¬ 
mit, be taken and held to Import and include 
the plural number, and' the plural number shall 
similarly be taken and held to import and in¬ 
clude the singular. 

(d) The term “mine,” when used in this 
Act, shall include prospects, openings and open 
cuts and workings employing an average of 
ten men or more, and shall embrace any and all 
parts of the property of such “mine” and mining 
plant, on the surface or underground, that con- 


6 

tribute directly or indirectly to the mining and 
handling of minerals. 

Provided, that when a group of workings 
in proximity to one another and under one 
management are administered as distinct units 
each working shall be considered a separate 
mine. 

(e) The term “mineral” when used in'this 
Act shall mean whatever is recognized by the 
standard authorities as mineral, whether me¬ 
talliferous or non-metalliferous, but shall not 
be held to embrace or include coal, lignite, gas, 
oil, or any substance extracted in solution or 
in the molten state through bore holes. 

(f) The term “operator” when used in this 
Act shall mean the person, firm, or body cor¬ 
porate, in immediate possession of any mine 
and its accessories as owner or lessee thereof, 
and as such responsible for the condition and 
management thereof. 

(g) The term ‘•‘superintendent” when used 
in this Act shall mean the person having the 
immediate supervision of the mine. 

(h) The term “mine foreman” when used 
in this Act shall mean the person who at any 
one time is charged with the general direction 
of the underground work. * 

(i) The term “inspector” when used in this 
Act shall signify the official State Inspector. 

(j) The words “excavation” and “work¬ 
ings” when used in this Act shall signify any 
and all parts of a mine excavated or being ex¬ 
cavated, including shafts, raises, tunnels, adits, 



open-cuts, and all working places, whether aban¬ 
doned or in use. 

(k) Whenever the expression “number of 
men” or “average number of men” employed 
in a mine are used in this Act defining or con¬ 
stituting classes of mines to which this Act, 
or any specific section, clauses, provision or 
rule thereof, does or does not apply, such ex¬ 
pressions shall be construed to mean the aver¬ 
age number of men employed during the pre¬ 
vious year as shown by the returns to the mine 
inspector or by the books or pay roll of the 
mine, or by all of such means and such aver¬ 
age number shall be determined' by dividing 
the total number of man shifts by the number 
of days the mine worked during such period. 

(l) The term “explosive” or “explosives” 
as used in this Act shall be held to mean and. 
to include any chemical compound or any me¬ 
chanical mixture that contains any oxidizing 
and combustible units or other ingredients in 
such proportions, quantities, or packing that 
an ignition by fire, by friction, by concussion, 
by percussion or by detonation of any part of 
the compound or mixture may cause such a sud¬ 
den generation of bigbly heated gases that the 
resultant gaseous pressures are capable of pro¬ 
ducing destructive effect on contiguous objects 
or of destroying life and limb. 

(m) The term “person” when used in this 
Act shall be held to mean and include a firm 
or body corporate as well as natural persons. 

(n) The term “underground” as used in 
this Act shall be held to mean “within the lim- 


8 


its of” any mine working or excavation and 
shall not exclude such workings or excavations 
as may not be covered over by rock or earth. 

(o) The term ‘‘employees” and' “men em¬ 
ployed” shall be held to mean all men receiv¬ 
ing compensation from the operator, directly or 
indirectly, for labor or services performed in 
connection with the mine and shall include con¬ 
tractors, lessors, lessees, tributers, or anyone 
similarly employed. 

§ 2. The office of the inspector of mines 
for the State of Illinois is hereby created. The 
Governor by and with the consent of the Sen¬ 
ate shall appoint such inspector of mines. The 
inspector of mines shall be at least 30 years of 
age, a citizen of the United States, a resident 
of this State for at least one year previous to 
.his appointment, and shall have been practically 
engaged in metalliferous or mineral mining, 
and shall have at least 10 years’ experience in 
such underground mining. Provided , that a 
certificate of graduation of an accredited school 
of mines shall count as two years’ experience 
in underground mining in determining his 
qualifications for said office. He shall receive 
as compensation for his services, the sum of 
$3,600.00 per annum, together with his neces¬ 
sary traveling expenses, to be paid in quarterly 
installments by the State Treasurer out of any 
money in the treasury not otherwise appropri¬ 
ated. He shall hold his office for a term of 
four years from the date of his appointment 
unless sooner removed by the Governor or un¬ 
til his successor is appointed and qualified, and 


9 


in case of a vacancy, the Governor by appoint¬ 
ment shall All the vacancy for the remainder 
of any such term of four years. 

§ 3. The office of Inspector of Mines as cre¬ 
ated by this Act, shall be under the jurisdic¬ 
tion of the State Department of Mines and 
Minerals to the same purport and effect as all 
other mining operations provided for by law, 
unless otherwise provided. The Inspector of 
Mines appointed hereunder, shall keep his of¬ 
fice within and as a part of the office of the 
Director of Mines and Minerals, and whose 
necessary employees shall be employed and paid 
in the same manner as is provided for the em¬ 
ployment and pay of the necessary employees 
of the State Departments under the Civil Ad¬ 
ministrative Code of Illinois, and as is provided 
in section 20 of An Act in relation to the civil 
administration of the State government, and 
to repeal certain Acts therein named, approved 
March 7, 1917, in force July 1, 1917. 

§ 4. No persons shall be qualified to hold 
the office of inspector while in the employ, di¬ 
rector, or officer of any mining or metallurgical 
concern or company, or while directly or indi¬ 
rectly connected with any mining or metallur¬ 
gical concern or company or copartnership oper¬ 
ating in this State, either as partner or in 
any other capacity, or while engaged in private 
practice as a consulting engineer. The inspec¬ 
tor shall devote his entire time to the duties 
of his respective office, and when not engaged 
in metal mines or other duties in connection 
therewith he may be assigned to any work un- 


10 


der the supervision of the director of mines 
and minerals, and it shall be unlawful for the 
inspector to be otherwise employed by the State 
of Illinois or to act directly or indirectly for 
or on behalf of any candidate for public office 
or for any political party, or receive compen¬ 
sation, either directly or indirectly from any 
candidate for public office or from any political 
party in the State during the term of such 
inspector. Failure to observe the provisions 
of this section shall render the inspector liable 
to immediate removal from office by the Gover¬ 
nor withopt further cause shown and the Gov¬ 
ernor is hereby authorized and empowered to 
make removals in such cases. 

§ 5. The inspector of mines shall keep a 
record of all mines, in the State, a record of 
all mines examined, showing the dates of such 
examinations, the condition in which the mines 
so examined were found, with particular refer¬ 
ence to the safety, ventilation and sanitary con¬ 
dition of each mine so examined, the manner 
and method of working, all violations of the 
provisions of this Act found, if any, the action 
taken thereon, and the result of such action, 
together with recommendations made in the 
cases of each mine examined by' the inspector 
and any other data or information pertaining 
to his office and acquired during the carrying 
out of this Act. 

§ 6. It is hereby made the duty of the oper¬ 
ator of each and every mine within the State 
coming within the provisions of this Act to 
forward to the Inspector at his office, not later 


11 


than the 30th day of March in each year, a 
detailed report in writing, on a form prescribed 
by the inspector, showing the character of the 
mine, tonnage of product during the previous 
year ending December 31st, the average number 
of men therein employed during the year, the 
number of days the mine was worked, the num¬ 
ber and nature of fatal and' all other accidents 
during the year, and such other information 
relative to the workings, equipment, ventila¬ 
tion, sanitation, means of ingress and egress, 
shafts, supports, safety devices, storage of ex¬ 
plosives, and means taken to protect lives and 
insure safety of men in relation to any of the 
requirements of this Act as the inspector may 
from time to time require. All such reports 
shall be filed in and become part of the records 
of the office of the inspector of mines. Blank 
forms for such reports shall be furnished by 
the State: 

Provided, however, that in the case of any 
mine being operated for less than one year 
prior to December 31, in any year, the oper¬ 
ator in such event shall forw r ard a report in 
like manner covering the period during which 
said mine was operated: and Provided , further 
that in the event of the sale or lease of any 
mine during any year prior to December 31, 
then and in that event it shall be the duty 
of the owner or operator so selling, leasing 
or turning over such mine to a succeeding 
operator to supply to such succeeding operator 
a like report, as required in this section, cover¬ 
ing the period of such former operations within 


12 


said year; and it shall then and in that event 
become the duty of such succeeding operator 
to forward such report, so turned over, together 
with said succeeding operator’s operations, to 
the inspector of mines as aforesaid not later 
than the 30th day of March in each year. 

In all cases, occurring in or about any mine, 
of fires, appearance of dangerous gas, break¬ 
age of ropes or other gear by which men are 
hoisted or lowered, over winding while men 
are being hoisted, unexpected inrush of water 
from old workings, threatened crushing of 
mine workings, or any other accident, occur¬ 
rence, or change of conditions tending to in¬ 
crease the hazards of mining, whether or not 
personal injury results, a report thereof, signed 
by the operator or superintendent, shall im¬ 
mediately be sent in writing to the inspector. 

A failure, neglect, or refusal to make such 
report or to give such information as is speci¬ 
fied in this section upon demand made in writ¬ 
ing by the inspector shall constitute a misde¬ 
meanor and every such operator or superin¬ 
tendent so failing, neglecting, or refusing after 
written demand made as aforesaid shall be 
deemed guilty of a misdemeanor, and on con¬ 
viction shall be fined for each offense not less 
than $50.00 or more than $200.00 and each sep¬ 
arate failure, neglect, or refusal after demand, 
as aforesaid, shall constitute a separate offense. 
Provided, however, that no other or different 
report to any other department of State shall 
be required of any operator of or concerning 
the matters herein required to be so reported. 



§ 7. Every operator of any mine within the 
provisions of this Act, shall within 60 days 
after the passage of this Act, file or cause to 
be filed in the office of the inspector of mines 
a designation, duly verified by s«ch operator, 
appointing a person on whom all notices or 
warning required to be served under the pro¬ 
visions of this Act may be served', and giving 
the office, place of employment, or place of 
business of such person, which must be within 
the State and within 10 miles of the princi¬ 
pal place of business of the operator: 

Provided , however, that the inspector of 
mines, upon formal application of an operator, 
is authoried to waive such 10 mile requirement 
when, in his judgment, the object and purpose 
of this section may be best attained by permit- 
ing a person to be designated whose office, place 
of employment, or place of business is more 
than 10 miles distant from the principal place 
of business of the operator. 

Such designation shall be accompanied by 
the written consent of the person so designated, 
and shall continue in force until revoked by 
the death or removal of the person so desig¬ 
nated, or until revoked by an instrument in 
writing designating in like manner some other 
person upon whom such notices may be served, 
or until the filing in such office of a written 
revocation of said consent executed by the per¬ 
son so designated. If the person so designated 
dies, or removes beyond 10 miles of the place 
of business of such operator, or files a revoca¬ 
tion of his consent, the operator shall within 


14 


30 days thereafter designate in like manner 
some pther person upon whom such notices 
may be served within this State. 

Services on such designated person of no¬ 
tices or warnings shall, in all cases arising 
under this Act, be deemed service on the oper¬ 
ator represented: 

Provided, further, that nothing herein con¬ 
tained shall be construed to prevent the said 
operator in person, or by its officers or agents, 
if said operator be a corporation, or any em¬ 
ployee of such operator, from being so desig 
nated', and that the designation of such per¬ 
son as herein contemplated shall not prevent 
the service of legal process on the owner or 
operator of a mine, or on the proper officers 
and agents of a corporation owning or operat¬ 
ing a mine. 

A failure on the part of any operator to 
carry out the provisions of this section shall 
be deemed a violation of this Act. 

§ 8. The inspector or any person employed 
by such inspector or any person having access 
to the papers filed in the office of said inspector, 
shall not make public or reveal to any person 
or persons, either orally or in writing, all or 
any part of the contents of any report, com¬ 
plaint, or document filed in the office of the 
inspector of mines of this State, or reveal or 
make public to any person or persons any 
knowledge or information in regard to the 
safety or physical or financial condition of any 
mine, mining rights, prospect, or mining com¬ 
pany or concern obtained by the aforesaid in- 


15 


spector while in the exercise of his official du¬ 
ties. Nothing herein contained', however, shall 
be construed to prevent any inspector or any 
clerk or employee of such inspector, from mak¬ 
ing official reports to the Governor or legisla¬ 
ture of this State, to the inspector of mines, 
or from giving evidence in any court of jus¬ 
tice in this State in discharge of his official 
duty, or from informing the operator or super¬ 
intendent of a mine in regard to his findings 
respecting his particular mine. 

Any violation of any of the provisions 
of this section by an inspector of mines, or 
any employee or clerk, shall constitute a mis¬ 
demeanor and shall be punished upon convic¬ 
tion, by a fine of not less than $1,000.00 or 
more than $2,500.00 or by imprisonment for 
not exceeding one year, or both; and any such 
officer or employee, so convicted shall be dis¬ 
missed from his office or employment. 

§ 9. It shall be the duty of the inspector of 
mines, in person to visit at least once every 
three months, every mine in the State employ¬ 
ing 30 or more men underground, and every 
other mine at least twice every year and oftener 
if, in his opinion, the safety of the men em¬ 
ployed within the mine so requires; and to in¬ 
spect and examine into the operation, workings, 
timberings, safety appliances, machinery, sani¬ 
tation, ventilation, means of ingress and egress 
and means taken to protect the lives and in¬ 
sure the safety of the miners, together with 
the cause of accidents and accidental death 
therein; and, in general to inspect and ascer- 


16 


tain what means are taken to comply with the 
provisions of this Act. For the purpose of 
making such inspection and ascertaining the 
facts in connection with such examination, the 
inspector shall have full power and authority 
at all hours to enter and examine any part of 
any mine or mining plant within this State, or 
any part of the working thereof, but so as not 
to unnecessarily impede or obstruct the work¬ 
ings of the mine. All operators and their em¬ 
ployees shall render to the inspector such as¬ 
sistance as may be necessary to enable the in¬ 
spector to make such examination. 

For the purpose of ascertaining facts in 
connection with any inspection, inquiry, or ex¬ 
amination, the said inspector, shall have full 
power to compel the attendance of witnesses by 
subpoena, to take depositions on the service of 
proper or usual notice to the mine owner or 
operator as required in the taking of deposi¬ 
tions, to administer oaths, and to examine, 
cross-examine, and take such testimony as may 
be deemed necessary for the information of 
the inspector. 

The refusal by any person to obey a sub¬ 
poena issued by the inspector, or the wilful 
hindrance or obstruction by any person, of the 
inspector, in the performance of any of his 
duties under this act, shall contsitute a mis¬ 
demeanor and shall be punished as hereinafter 
provided. 

Any witness appearing before the inspec¬ 
tor in response to a subpoena so issued, who 
shall knowingly and willfully testify falsely 


17 


to any material matter, shall be deemed guilty 
of perjury, and upon conviction as by law pro¬ 
vided, shall be punished for perjury. 

§ 10. Whenever the inspector shall find any 
mine or part of any mine in an unsafe con¬ 
dition by reason of any violation of any of the 
rules or provisions of this Act, or in condition 
dangerous or detrimental to the life or health 
of those employed therein for the same reason 
or by reason of defects in timbering or other 
means of support, in mining, in ventilation, or 
in sanitation, it shall be the duty of the in¬ 
spector at once to serve or caused to be served 
a notice in writing on the operator or super¬ 
intendent of such mine or on the person desig¬ 
nated by such operator for service in accord¬ 
ance with Section 7 of this Act, and' such 
notice shall set forth in detail the nature and 
extent of the defects that render the mine or 
part of the mine unsafe, dangerous, or detri¬ 
mental to the life or health of those employed 
therein, together with the point or place in the 
mine or in the workings of the mine where 
such defects exist, and such notice shall require 
such necessary changes to be made in such mine 
or part of the mine wi-thout delay and within 
a specified time, in the discretion of the in¬ 
spector, as shall make the same conform to 
the provisions of this Act. 

If- it appear from a re-examination of the 
mine by the inspector that such necessary 
changes have not been made within the time 
specified' in such notice, and that the mine or 
part of the mine is still in a condition danger- 



18 


ous to life or health, and in the opinion of the 
inspector it js necessary for the safety of the 
life or health of the employees in such mine 
or part of the mine that the same be vacated, 
it shall be the duty of the inspector forthwith 
to institute an action for an injunction in any 
court of competent jurisdiction, in the name 
of the State, on the relation of the inspector, 
to restrain the operation and working of said 
mine or part of said mine, and the entrance of 
employees therein for purposes other than to 
remedy the defects complaind of until the pro¬ 
visions of this Act are complied with, and the 
said mine or part of said mine is made safe for 
the employees therein; and the plaintiff in such 
action, without bond, and upon ex \mrte affi¬ 
davits made by the inspector showing in detail 
the nature and extent of the defects that in 
such affiant’s opinion, render the mine or part 
of the mine unsafe or detrimental to the life 
or health of those employed therein, and stat¬ 
ing that such mine, or part of the mine, is, in 
the opinion of the affiant, in a condition dagner- 
ous to the life or health, may pending the trial 
of said action, procure a temporary injunction 
from any circuit court or judge thereof in va¬ 
cation if in the opinion of said court or the 
judge, the facts warrant the granting of such 
temporary injunction, enjoining the operation 
and working of said mine, or part of said mine, 
and the entrance of employees therein, except 
for the purpose of remedying the defects com¬ 
plaind of, until further order of the court. 



19 


Provided,' however, that the defendants in 
such actions shall have the same opportunity 
to be heard upon motion to vacate such tem¬ 
porary injunctions as defendants have in any 
actions brought in this State in which tem¬ 
porary injunctive relief may be granted. 

§ 11. If the operator of any mine within 
the State shall fail or refuse to permit, or shall 
impede such inspection as is provided in sec¬ 
tions 9 and 10 of this Act, the inspector may 
file his affidavit setting forth such refusal be¬ 
fore any judge of the circuit court of the 
judicial circuit in which said mine is situ¬ 
ated, or at the option of the inspector, in the 
county in which is situated the general office 
of the corporation owning or operating the 
mine, either during the term of the court or 
during vacation, and obtain an order directed 
to such operator so refusing as aforesaid, 
commanding him to permit and furnish all 
necessary facilities for the entering, exami¬ 
nation, or inspection of such mine or to be 
adjudged to stand in contempt of court and 
be punished accordingly. 

§ 12. It shall be the duty of the inspector, 
after every inspection of any mine or parts 
of any mine, as provided in this Act, to enter 
forthwith in a book to be kept at the mine 
and designated as the “record of-mspection” 
the parts of the mine so inspected, the nature 
of such inspection, and every illegal defect 
observed in the state and condition of the 
mine, machinery and appliances; but nothing 
contained in or omitted from such entry shall 


20 


limit or affect the duty and obligation of the 
owner or operator of such mine under this 
Act. Such “record of inspection” shall be open 
at all reasonable times to the examination of 
the inspector or to the examination of any 
persons employed at the mine. 

Provided, however, that such records shall 
not be in lieu of, or a substitute for, the notice 
required to be served by section 10 of this Act. 

§ 13. Whenever the inspector receives a 
complaint in writing, signed by 3 or more per¬ 
sons employed in a mine, if less than 25 per¬ 
sons are employed therein, or by 5 or more 
persons employed in a mine, if more than 25 
and less than 100 persons are employed there¬ 
in, or by 10 or more persons employed in a 
mine, if more than 100 persons are employed 
therein, setting forth that the mine in which 
they are working is being operated contrary 
to law and is in. any respect dangerous to the 
health and lives of those employed therein, 
the inspector shall in person examine such 
mine as soon as possible. The names of the 
persons making such complaint shall be kept 
secret by the inspector, unless permission to 
disclose them be expressly granted by the per¬ 
sons making the complaint. 

Provided, however, that such complaint, 
shall in all cases, set forth the alleged violation 
of law observed, the nature of the danger exist¬ 
ing at the mine, and the time when such vio¬ 
lation or danger was first observed. If on in¬ 
spection the inspector finds the conditions, in 
his opinion, dangerous to the health and lives 


21 


of those employed therein, by reason of any 
violation of any of the provisions and rules 
of this Act, he shall serve or cause to be served, 
a notice setting forth fully the facts upon 
which his opinion is based, as provided in 
section 10 of this Act. 

It shall be the duty of the inspector to 
forward every such original complaint so re¬ 
ceived to the office of the inspector of mines, 
where it shall be indexed and filed among the 
official papers of the inspector of mines. 

§ 14. Whenever a serious accident occurs 
in or about any mine, notice thereof shall be 
given promptly by telephone or telegraph, fol¬ 
lowed by a notice in writing, to the inspector 
by the superintendent or other person having 
immediate charge of the work at the time of 
the accident. The words “serious accident” 
shall be construed to mean, for the purposes 
of this Act, accidents resulting in such injur¬ 
ies as, in the opinion of an accredited physi¬ 
cian, may result in the injured person being 
incapacitated from work for at least 14 days. 
Upon receiving such notice the inspector shall, 
if feasible and if the nature of the accident 
shows it to be necessary, proceed to the scene 
of the accident with all convenient speed and 
investigate fully the cause of the accident, and, 
within 20 days thereafter, shall file the result 
of such investigation as a report in the office 
of the inspector. Whenever the inspector can¬ 
not proceed as above to the scene of the acci¬ 
dent, the person in charge of the mine shall 
be so informed by the inspector and such per- 




22 


son in charge shall obtain sworn statements 
of those who witnessed the accident, or if no 
one was present at the time of such accident 
he shall obtain the sworn statement of those 
first arriving upon the scene. Such statements 
shall give, as far as possible, the details of the 
accident, the facts leading up to it, and its 
probable cause; such sworn statements shall 
immediately thereafter be sent to the inspec¬ 
tor, who shall file the same in his office as 
public records. 

§ 15. Whenever loss of life occurs from 
accident in or about a mine and when death 
results from personal injury, the superinten¬ 
dent or other person having immediate charge 
of the work at the time of the accident shall 
give notice to the inspector promptly by tele¬ 
phone or telegraph, followed by a notice in 
writing, after knowledge of death comes. 
Whenever possible, the inspector shall be pres¬ 
ent at the coroner’s inquest held over the re¬ 
mains of a person killed in or about a mine. 
Due notice of an intended inquest to be held 
by the coroner shall be given by the coroner 
to the inspector, and at such inquest the in¬ 
spector shall have the right to examine and 
cross-examine witnesses, and such examina¬ 
tion shall be part of the records of such in¬ 
quest. If, at any inquest held over the body 
or bodies of persons whose death was caused 
by an accident in or about the mine, the in¬ 
spector be not present, and it be found from 
the evidence given at the inquest that the acci¬ 
dent was caused by neglect or by any defect 


23 


in or about the mine, or because the mine was 
operated contrary to the provisions of this 
Act, the coroner shall send notice in writing 
to said inspector of such reported neglect or 
default; and the said inspector shall immedi¬ 
ately take steps to have an investigation made 
of the same. The coroner before whom such 
an inquest is held shall promptly file with the 
inspector of mines a copy of the testimony 
taken thereat and a copy of the verdict ren¬ 
dered by the coroner’s jury. 

§ 16. Whenever, in the opinion of the in¬ 
spector of mines, a serious or fatal accident 
in or about any mine in this State shall have 
been caused by failure on the part of the oper¬ 
ator or any employee of such mine, or by any 
other person or by any of them, to observe the 
provisions of this Act, it shall be the duty of 
the inspector to cause a copy of the report of 
such accident, or a copy of the testimony taken 
at the coroner’s inquest, together with the ver¬ 
dict of the coroner’s jury, and all papers in 
his hands relating thereto, to be forwarded to 
the prosecuting officer of the county in which 
the accident or loss of life occurred, together 
with the statement of the inspector showing 
in what particular or particulars he believes 
the law to have been violated, and if upon the 
receipt thereof the prosecuting officer of the 
said county deems the facts to make a prima 
facie cause of action against any party, he 
shall present such evidence to the grand jury 
and take such further steps for the criminal 




24 


prosecution of such operators, employees, or 
other person as may seem advisable. 

§ 17. It shall be the duty of the inspector 
of mines within three months after January 
1, in each year to make a report directed to 
the Governor and legislature of this State, giv¬ 
ing a statistical summary and report of the 
work of the inspector of mines during the pre¬ 
vious year ended December 31. Such report 
shall contain a statement showing the number 
of men employed in each mine in the State, 
stating separately the number of men em¬ 
ployed above ground and underground, the 
number and nature of fatal and serious acci¬ 
dents occurring in each mine, the number of 
inspections made, complaints filed, inquests 
attended, mines ordered to be vacated, viola¬ 
tions found, and any other information deemed 
important and relevant by the inspector of 
mines, together with such recommendations 
as, in the judgment of the inspector of mines, 
are necessary or desirable to the carrying out 
of this Act and to insure the health and safety 
of the workmen employed within the mines, 
subject to the provisions of this act. Copies 
of such report shall be published and dis¬ 
tributed by and at the expense of the State as 
a public document. 

§ 18. The operator of every mine shall ap¬ 
point a man who shall be personally in charge 
of the mine and the performance of the work 
done therein, who shall be designated as the 
“superintendent”: Provided , however, that noth¬ 
ing herein contained shall prevent the owner 


25 


or operator of any mine from personally filling 
the office of superintendent. 

The superintendent of every mine shall in¬ 
spect or cause some competent person or per¬ 
sons appointed by him to inspect all mining 
appliances, boilers, engines, magazines, shafts, 
shaft-houses, underground workings, roofs, 
pillars, timbers, explosives, bell ropes, speak¬ 
ing tubes, telephones, tracks, ladders, dry 
closets, and all parts and appliances of said 
mine in actual use, and any such person or 
persons appointed by the said superintendent 
shall at once report any defects therein to the 
superintendent. It shall be the duty of the 
superintendent upon ascertaining such defects 
to take immediate steps to remedy the same 
so as to make the same comply with the pro¬ 
visions of this Act, and he shall forthwith 
notify the operator of said mine of the exist¬ 
ence of such defects. It shall be the duty of 
the superintendent to appoint a competent man 
to have full charge, under the direction of the 
superintendent, of every magazine containing 
explosives situated on such mining property, 
and to make such other appointments and 
perform such other duties as' are provided by 
this Act to be performed by such superinten¬ 
dent. 

§ 19. The superintendent of every mine 
shall appoint a man who shall be personally in 
charge of the development of the underground 
workings of the mine and personally direct 
the work of the men employed underground 
therein, who shall be designated as the “mine 


26 


foreman”: Provided , however, that nothing 
herein contained shall be construed to prevent 
the superintendent of any mine from also fill¬ 
ing the position of the mine foreman. No per¬ 
son shall be appointed to the position of mine 
foreman who shall not be at least 21 years 
of age, and shall not have had at least five 
years of practical experience as an underground 
miner in metalliferous or mineral mines, and 
shall not be able readily to read and write 
the English language; and' who is not thor¬ 
oughly familiar with the provisions of this 
Act. The failure of a superintendent to make 
such appointment of mine foreman or the ne¬ 
glect or failure of a superintendent to appoint 
another in his place, in the event of said mine 
foreman vacating or losing his position from 
any cause, shall constitute a misdemeanor, and 
shall be punished as hereinafter provided. 
Such appointment shall be made in writing, 
and it shall be the duty of such superinten¬ 
dent to keep posted notice of such appointment 
or re-appointment immediately after the same 
shall have been made, in at least two conspicu¬ 
ous places about said mine and notices of such 
appointment or any re-appointment shall be 
mailed immediately thereafter to the inspector 
of mines. 

The mine foreman shall attend personally 
to his duties in the mine as provided in this 
Act, and shall see that the regulations pro¬ 
vided herein for insuring the safety of all men 
employed in such mine are carried out; he 
shall immediately report to the superintendent 


27 


of the mine any violations or infringements of 
this Act observed by him within the mine, and 
shall take immediate steps to remedy the same. 
He shall warn all employees of danger to life 
or limb observed by him within the mine, and 
permit no person to work in an unsafe place, 
except for the purpose of making it safe or 
when work in such a place is necessary and 
unavoidable; and shall supervise the miners 
in the performance of their work. 

It shall be the duty of the mine foreman 
to see that the number and identity of men 
going underground on every shift is established 
and that all such men return to the surface 
at the end of their shift. 

§ 20. The operator of every mine shall ap¬ 
point a qualified mining engineer either in an 
operating or consulting capacity whose duties 
shall be to examine into all mining operations 
within the limits of the mine and correct same 
whenever necessary so as to conform to recog¬ 
nized safe mining practice. 

Provided . however , that nothing herein con¬ 
tained shall prevent the owner or operator of 
any mine, or his appointed superintendent, 
from personally filling the office of mining 
engineer. 

The term “qualified mining engineer,” 
when used in this Act, shall mean a man with 
at least ten years’ practical experieiice in me¬ 
talliferous or mineral mining, five of which 
shall have been in responsible charge of such 
operations. 



28 


Provided, that active membership in the 
American Institute of Mining and Metallurgi¬ 
cal Engineers shall count as six years of prac¬ 
tical experience or three years in charge of 
operations. 

And, provided, further , that a certificate 
of graduation from a recognized mining col¬ 
lege shall count as two years practical ex¬ 
perience. 

§ 21. It shall be the duty of the operators, 
superintendents, or any one in charge of any 
mine to keep at such place about the mine 
as may be designated by the inspector, a 
stretcher, a woolen blanket, and a waterproof 
blanket in good condition for use in carrying 
any person who may be injured at the mine. 
When more than 100 persons are employed 
two stretchers, two woolen blankets and two 
waterproof blankets shall be kept. At all 
mines an adequate supply of materials shall 
be kept readily accessible for the treatment 
of any one injured and shall include the fol¬ 
lowing in suitable quantity: First-aid outfits 
consisting of one extra long gauze bandage 
with compress sewed in its center; one tri¬ 
angular bandage with methods of application 
printed thereon, two safety pins, and one card 
of instructions; large first aid dressings for 
wounds; packages of sterilized gauze; assort¬ 
ed bandages; United States Army tourniquet; 
carbolated vaseline or boric acid ointment; 
packages of picric acid gauze; wooden or wire 
gauze splints; package of absorbent cotton; 
safety pins; shears; tweezers, aromatic spirit* 


29 


of ammonia; paper cups; first aid book of in¬ 
structions; soap; basins; towels. Further¬ 
more, in all mines where 100 or more men are 
employed underground a first aid corps shall be 
organized, consisting of the foreman or fore¬ 
men, shift bosses, timekeepers, or other em¬ 
ployees designated by the superintendent; and 
it shall be the duty of the operator or superin¬ 
tendent of the mine to cause the organization 
of such employees and to procure the services 
of a competent person to instruct the members 
of such first aid corps from time to time, not 
less than once in every three months, in the 
proper handling and treatment of injured per¬ 
sons before the arrival of a physician. 

§ 22. The operator of every mine shall 
make or maintain, or cause to be made or 
maintained by a competent mining engineer 
or surveyor, a clear and accurate map or maps, 
with sections, if necessary, showing clearly all 
the workings of such mine. At least once in 
every six months or oftener, if necessary, the 
operator or superintendent of each mine shall 
cause to be shown clearly and accurately on 
the map or maps of such mine all the excava¬ 
tions made therein during the time elapsed 
since such excavations were last shown on 
such map or maps, and all parts of said mine 
that shall have been worked out or abandoned 
during said elapsed period of time shall be 
clearly indicated on said map or maps, and 
all underground workings shall be surveyed 
and mapped before they are allowed to become 
inaccessible. Such maps shall at all times be 



30 


open to the examination of the inspector of 
mines. In the event of the closing of a mine 
under conditions that will result in its work¬ 
ings becoming inaccessible, the maps herein 
specified, or certified copies of them, shall be 
filed with the inspector of mines. 

§ 23. Whenever any operator of any mine 
shall neglect or refuse to make such map of the 
workings of any such mine for a period of 
three months after the receipt of written notice 
so to do by the inspector, or shall fail to add 
or cause to be added to such map at least 
once in every six months representation of all 
excavations made within said period, then and 
in either of such events, the inspector is here¬ 
by authorized to cause a correct survey and 
map of such mine to be made at the expense 
of the operator thereof, and the cost of which 
shall be recoverable by law. The amount ad¬ 
vanced by the inspector for making any map 
as provided in this section shall be considered 
as part of the expense of his office and shall 
be paid as such. 

§ 24. It shall be the duty of the operator 
of every mine in which oils and other dan¬ 
gerously inflammable materials are used, to 
store such materials, or cause them to be stored 
in a covered building kept solely for such stor¬ 
age, which building shall be at least 100 feet 
from any othe(r building, shaft,, tunnel, or 
other mine openings, and at least 300 feet 
from any powder magazine: Provided, that 
gasoline, naphtha, distillate, and fuel oils may 
be stored in a tank or tanks buried in the 


31 


ground, which tank or tanks shall be pro¬ 
vided with proper vents, and shall be placed 
at least 10 feet from any building, or 50 feet 
from any shaft, tunnel or other mine openings, 
and at least 300 feet from any powder maga¬ 
zine: And provided further, that lubricating 
oils may be stored in a well constructed, cov- 
| ered building, which shall be at least 10 feet 
from any building, and 50 feet from any shaft, 
j tunnel, or other mine opening, and at least 
300 feet from any powder magazine. No tank 
j shall be installed from which liquid fuel is to 
be conducted by gravity to the point of com- 
| bustion, unless there be installed between such 
tank and such point of combustion a simple 
I and reliable cutoff valve which shall be cap- 
| able of being reached and closed within 30 
seconds from any point within the building in 
which such point of combustion is situated. 

The man in charge of such building or 
tank or tanks, who shall be the superinten¬ 
dent or a person expressly designated by him, 
shall permit only sufficient oil or other inflam¬ 
mable material to be taken from such build¬ 
ing or tank or tanks to meet the requirements 
of one day. If any oil or gasoline storage be 
so situated that leakage would permit the oil 
or gasoline to flow within the above specified 
distances, means to prevent such flow must 
be provided. 

Illuminating oil shall not be stored in the 
underground working of any mine, except such 
quantity as is sufficient to meet the estimated 
requirements of the mine during the succeed- 



32 


ing 24 hours. No more than one barrel of any 
one kind of lubricating oil shall be stored 
underground on any one level at any one time. 
No oil, candles, explosives, timber, or other 
combustible materials shall be stored at all in 
shaft stations or within 50 feet thereof. 

Gasoline shall not be stored underground: 
Provided, however, that a tank containing gaso¬ 
line and connected to the engine or other ap¬ 
paratus in which it is being used shall not be 
construed as a storage tank. No engine or 
other apparatus shall be filled with gasoline 
while underground. 

Waste timber or old timber shall not be 
piled and permitted to decay in stations, drifts, 
cross cuts, or other open workings in the mine, 
but shall be removed from the mine as soon 
as practicable: Provided, however, that in 
stopes or other workings, old timber may be 
buried in the filling material and permitted to 
remain in the mine. Empty boxes, wooden 
chips, paper, and combustible rubbish of all 
kinds shall be removed from every working- 
place underground at least once in every 24 
hours. 

Timber storage sheds or any inflammable 
structure shall not be placed or permitted to 
remain within 75 feet of the shaft house or 
hoisting engine house: Provided, however, that 
wooden headframes for hoisting and lowering 
may be erected and' operated. 

All inflammable material that may toe 
stored in any existing house or structure erect¬ 
ed over any shaft, tunnel, or other mine open- 


mg shall be immediately removed, and such 
inflammable material shall not be stored with¬ 
in 30 feet of the exterior walls of such house 
or structure now existing, or that may here¬ 
after be built. 

All oily waste and waste of any kind used 
in and about underground machinery shall be 
deposited in metal receptables. 

Calcium carbide shall be stored on the 
surface only in detached, waterproof, dry, and 
well-ventilated buildings, and shall be con¬ 
tained in the original metal packages not ex¬ 
ceeding 100 pounds each. All such packages, 
but one, in such storage place shall remain 
sealed except that a new package may be openel 
when in the only other open package there re 
mains less than 1 pound of calcium carbide. No 
calcium carbide shall be stored underground. 

§ 25. The term “magazine” as used in this 
section shall be held to mean and include any 
building or other structure or place in which 
explosives are stored or kept, whether above 
or below ground. 

Sufficient explosives may be stored within 
a mine to meet the estimated requirements 
of such a mine during the succeeding 24 hours 
and an additional 24 hours’ supply of explo¬ 
sives may be taken within the mine for the 
purpose of thawing the same in accordance 
with the provisions of rules 52 and 59 of sec¬ 
tion 46 of this Act, but in no event shall any 
greater supply of explosives be taken into or 
stored in the mine than is required to meet the 
estimated requirements of the mine during the 




34 


succeeding 48 hours. No explosives shall be 
kept at any place within a mine where its ac¬ 
cidental discharge would cut off the escape of 
miners working therein. 

All explosives within the mine, except in 
magazines, shall be kept in stout tight boxes 
with hinged lids, from which explosives shall 
be removed only as required for immediate use. 
It shall be unlawful to keep such boxes con¬ 
taining explosives near any track or electric 
conductors or in any man way or to permit any 
grains or particles of such explosives to be or 
remain on the outside, or about the containers 
in which such explosives are held. Black ))last- 
ing powder and high explosives shall not be. 
kept in the same box. 

Not more than 75 pounds of explosives shall 
be kept in any one level at any one time, except 
that such explosives may be stored in an un¬ 
derground magazine from which supplies re¬ 
quired for immediate use shall be distributed 
to the various working places by an authorized 
and competent person or persons. Such under¬ 
ground magazine may consist of a separate drift 
or chamber, the wall of which shall be of fire 
proof material or of wood covered with sheet 
iron. The entrance to such underground maga¬ 
zines shall be kept securely locked, except when 
it has to be entered by the person or persons 
in charge of the same. 

All explosives, except detonators and fuses 
in excess of the temporary supply authorized to 
be taken into or stored in the mines, shall be 


stored in a magazine above ground which shall 
be placed not less than 300 feet distant from 
any shaft, adit, or other mining entrance, boiler, 
engine house, habitation, public highway or pub¬ 
lic railway: Provided, however, that in cases 
where the location of any mining property 
makes it impracticable to comply with the pro¬ 
visions of this section the inspector may grant 
permission in writing to the operator of such 
mining property, to locate such magazine in 
some other place, if, in the opinion of the- said 
inspector, such location be not dangerous to the 
safety of the mine employees or the public. 

Every magazine above the ground shall be 
fire proof and water proof and shall be con¬ 
structed of bullet proof material. It shall be 
provided with mounds of earth, which shall 
be free from stones over 1 inch in diameter and 
shall not be less than two feet thick on such 
side or sides as are in the line with any shaft, 
adit, or other mine entrance, boiler, engine 
house, habitation, public highway or public rail¬ 
way, and which are not' protected’ by natural 
features of the ground and such mound of 
earth or intervening natural feature or both 
shall be of sufficient height so that a line drawn 
from the top of any wall of the magazine to any 
part of the shaft, adit, mine entrance or struc¬ 
ture to be protected, or to a point not less than 
10 feet above the center of such public highway 
or public railway, shall pass through such 
mound of earth or intervening natural object. 
The floors of all such magazines shall be laid 
with sound boards, free from knots, tongued 


36 


ana grooved and not to exceed six inches in 
width. All nails in the interior of the maga¬ 
zine shall be countersunk. The ground around 
such magazine shall be kept free from rub¬ 
bish, dead grass, shrubbery, or other encum¬ 
brances and no person shall be allowed to loiter 
about such place. No electric wires, matches, 
fire, candles, oil or gas for illuminating pur¬ 
poses, shall be permitted within any surface 
magazine or closer than ten feet of the ex¬ 
plosives stored therein. 

Magazines shall be ventilated, and the open¬ 
ings for ventilation shall be so constructed that 
sparks of fire may not enter therein, maga¬ 
zines shall at all times be kept clean and dry 
and free from grit. Before any alterations are 
made to any part thereof, all explosives shall 
be carefully removed and the magazine thor¬ 
oughly washed out. All tools and instruments 
used in making repairs shall be of wood, cop¬ 
per, brass or other soft metal or material. In 
no case shall nails or screws be. driven into a 
magazine or into material that has once formed 
a part of the magazine, and all wooden parts 
discarded shall be burned in a safe place im¬ 
mediately. 

All detonators shall be stored above ground 
in a suitable magazine or magazines, properly 
protected against molestation: Provided , that 
a sufficient supply for the needs of the mine 
during 48 hours may be stored underground as 
hereinafter stated. No detonator shall be stored 
within 100 feet of other explosives underground 
or within 300 feet of other explosives above 


ground. No detonator shall be taken into any 
magazine containing other explosives. No fuses 
shall be capped with detonators in any maga¬ 
zine or in any other place where detonators or 
other explosives are stored, but special benches 
shall be provided, at least 50 feet from such 
storage places, where all fuses shall be capped. 
Cap crimpers shall be furnished in sufficient 
quantity to avoid the necessity of crimping in 
any other way. No detonator shall be trans¬ 
ported with other explosives except when made 
into a primer with such other explosives: All 
primers shall be exploded within 10 hours after 
making. Not more than 1,000 detonators shall 
be kept underground in any one level at any 
time. Fuse shall not be stored underground 
for a longer period than 72 hours. 

When supplies of explosives or fuse are 
removed from a magazine those that have been 
longest in the magazine shall be taken first. 
Packages of explosives shall be removed to a 
safe distance from the magazine before being 
opened, and no such packages shall be opened 
with any metallic instrument, other than cop¬ 
per or brass. 

Any failure on the part of the operator of 
any mine coming within the provisions of this 
Act to carry out and enforce any or all of the 
requirements of this section shall constitute a 
misdemeanor and shall be punished as herein¬ 
after provided. 

§ 26. It shall be unlawful for the operator 
or superintendent of any mine to permit the 
use. within such mine of any explosive, or any 


blasting caps or detonators, or fuse, unless there > 
shall be plainly printed or marked, in the Eng- 1 
lish language, on every original package con¬ 
taining explosives, the name and place of busi- ! 
ness of the amnufacturer of such explosives, 
the date of its manufacture and its strength; j 
and on every original package containing such 
fuse the name and place of business of the , 
manufacturer of such fuse, the date of its manu¬ 
facture, and its rate of burning; and on every 
original package containing blasting, caps or 
detonators the name and place of business of 
the manufacturer of such blasting caps or de 
tonators and the date of their manufacture. 

§ 27. It shall be unlawful to use anything 
but wooden tamping rods in tamping explosives c 
or tamping material in the bore holes, and it ™ 
shall be the duty of the mine foreman to see 
that no iron or steel tools are used for tamp¬ 
ing. Detonators of not less strength than No. 

6 containing 1 gram of fulminating composi- ; 
tion, shall be used in firing blasts. It shall 
be the duty of the mine foreman to fix the f 
time of all blasting and firing. Miners about i 
to fire shots shall cause warning to be given 
in every direction and all entrances to the 
place or places where charges are to be fired, 
shall be guarded, so far as possible, by men; 
otherwise by signs, which shall be such as will 
not fail to attract the attention of anybody 
passing. : 

The number of explosions in every blast, ' 
except in case of simultaneous firing or blasts 
in stopes, shall be counted by the man firing j 




( the same, and if the total number of explo¬ 
sions is less than the number of charges fired, 
a report of the discrepancy shall be made as 
the superintendent shall direct. When a blast 
has been fired and it is not certain that all 
the charges have exploded, no person shall en¬ 
ter the place where such charges were placed 
within 30 minutes after the explosion. 

When electricity is used to fire shots, it 
shall be unlawful for any person knowingly 
to enter the vicinity of the place where such 
shots have been fired until the cable from the 
source of electrical energy to the face of the 
blast shall have been disconnected. It shall 
be the duty of the mine foreman to see that 
all such cables are disconnected immediately 
after such firing and to examine or direct the 
examination of such place where shots have 
. been fired before any men are permitted to * 
work therein. All miners shall immediately 
, report to the proper authority the finding of 
- any loose wires under or in the rock loosened 
| by such firing and in such event the mine fore- 

I man or, in his absence, the shift boss or other 
properly constituted authority, shall at once 
( order work to cease until such wires have been 
disconnected or removed. 

It shall be unlawful to use electricity from 
, any grounded circuit for firing shots. It shall 
r be the duty of the mine foreman to see that 

[ special precautions are taken against the shot¬ 
firing cables or wires coming into contact with 
the lighting, power or other circuits, or with 
,<any metal pipe lines. All portable devices for 


40 


generating or supplying electricity for shot 
firing shall, when in the mine be in charge of 
the mine foreman. No person, other than the 
mine foreman or some competent employee 
especially designated by him, shall connect 
the firing machine or battery to the shot firing 
leads, and such connection shall not be made 
until all other steps preparatory to the firing 
of a shot shall have been connected,. The pri¬ 
mary or secondary batteries used for shot firing 
shall be provided with a suitable case in which 
all contacts shall be made or broken except 
that the binding post for making connections 
to the firing leads may be outside. These bind¬ 
ing posts shall be completely covered with 
insulating material of a permanent character, 
such as hard rubber, or fiber, except at the 
points where the firing leads make connection 
with the binding posts. Such batteries shall 
be provided with a detachable plug or key 
without whigli the detonating circuit cannot 
be closed, or provided with one or more safety] 
contact buttons that are well countersunk or 
protected by a non-conducting housing. The' 
plug or key shall be detached when not ac¬ 
tually in use for firing a shot, and shall not 
under any circumstances pass from the custody 
of the mine foreman. 

Electricity from light or power circuits 
shall not be used for firing shots in a mine,, 
except where the electrical connections to such) 
light or power circuits are made within an', 
.enclosed switch room, which shall be kept* 1 , 
securely locked and shall be accessible only J 



to the authorized mine foreman or other compe¬ 
tent man especially designated by him. 

§ 28. It. shall be the duty of every superin¬ 
tendent of every mine having a hoisting engine 
to appoint and designate one or more men. 
who shall be able to speak and read the En¬ 
glish language readily, to be known as hoisting 
engineers. At all shafts where men are hoisted 
or lowered such hoisting engineers shall be 
not less than 21 years of age, and at shafts 
where men are not so hoisted or lowered, they 
shall not be less than 18 years of age. It 
shall be the duty of every superintendent to 
appoint as hoisting engineers men who are 
familiar with the details and working of a 
hoisting engine, and except in case of emer¬ 
gency to permit no one other than such duly 
appointed hoisting engineers run such engine 
or hoisting machinery; except that, by and 
with the consent of the superintendent, speci¬ 
fied apprentices may be taught the operation 
of the hoisting engine at such times and under 
such restrictions as the superintendent may 
determine to be free of risk to life and limb. 
Any superintendent failing to make such ap¬ 
pointment of hoisting engineer, or knowingly 
appointing any hoisting engineer not quali¬ 
fied as above, shall be guilty of a violation of 
this Act. 

§ 29. The superintendent of the mine shall 
establish for each shaft rates of speed for the 
cages, skips, buckets or other conveyances that 
shall not be exceeded in the hoisting or lower¬ 
ing of men, and he shall post a notice of such 


42 


> 


limitation in a conspicious place near each 
hoisting engine: Provided, that the speed so 
permitted shall not be greater than 500 feet per 
minute ip the case of shafts of less than 500 
feet in depth, and not greater than 800 feet per 
minute in the case of shafts between 500 and 
1000 feet in depth, and in shafts of more than 
1000 feet in depth not more than one-half the 
speed normally employed in hoisting material: 
Provided further, that in the case of inclined 
shafts the classification herein made shall be 
determined by the measurement of their slope. 

The Superintendent of the mine shall de¬ 
termine the maximum number of men that 
in his judgment may safely ride on each cage, 
skip, bucket, or other conveyance used in the 
mine under his supervision and shall post in 
a conspicuous place near each shaft a notice 
stating the maximum number of persons so 
permitted to ride and forbidding the carrying 
of any greater number. At the beginning of 
each shift the mine foreman or shift boss, or 
some other responsible person appointed by 
the superintendent, shall be stationed on the 
loading platform at the top of the shaft and 
shall prevent any greater number of men than 
that permitted by order of the superintendent 
to enter upon or into any cage, skip, bucket, or 
other conveyances and shall remain at this 
station until the last man about to descend 
the shaft shall have entered the cage, skip, 
bucket or other conveyance. And at the end 
of the shift the man in charge of work on each 
level of the mine from which men are to be 


43 


hoisted shall post himself in the station of 
the shaft at that level and shall prevent any 
greater number of men than the maximum 
permitted by the superintendent of the mine 
to enter upon or into any cage, skip, bucket, or 
other conveyance and shall remain in this 
station until the last man to ascend shall have 
entered upon or into the cage, skip, bucket, 
or other conveyance. 

In every mine operated on two or more 
levels in which 100 or more men are employed 
underground and in which the men are hoisted 
or lowered by cage or other conveyance ex¬ 
cept a bucket, such cage or other conveyance 
shall be operated under the charge of a person 
appointed as conductor, and no person other 
than this conductor shall give any signal for 
the movement of the cage or other conveyance. 

In hoisting or lowering men with a bucket 
the speed, except in the case of apprehended 
danger, shall not exceed 200 feet per minute 
when the bucket is within 100 feet of the 
surface, or 500 feet per minute in any other 
part of the shaft. 

The superintendent of the mine shall be 
responsible for the enforcement of the pro¬ 
visions of this section. 

§ 30. The sheave carrying the hoisting rope 
shall be placed upon a headframe so designed 
as to resist a pull in the direction of the hoist¬ 
ing engine greater than the breaking stress 
of the hoisting rope employed. The headframe 
shall be of sufficient height to allow room for 
a set of automatic safety chairs, and also for 





44 


a humble hook in connection with the hoisting 
rope or some equally practicable device for 
releasing the hoisting rope in case of over¬ 
winding. 

The operator of a mine employing more 
than 100 men underground, shall install upon 
the headframe both a rope-releasing device and 
a set of automatic chairs to hold the cage, 
skip, or man car in case the hoisting rope is 
broken or released through overwinding. Such 
safety chairs shall be placed at such distance 
below the releasing device as will equal 3 feet 
more than the height from the bottom of the 
cage, skip or man car to the clevis at its top. 
Immediately below the sheave a strong stop 
shall be put in to prevent the cage, skip or 
man car from being drawn over the sheave. 

The operator of a mine employing more 
than 100 men underground shall install in 
every shaft in which men are hoisted by 
cage, skip or man car, a device which shall 
give a warning signal in the engine room 
whenever the cage or skip in ascending reaches 
a point 100 feet below the collar of the shaft. 
This device shall be independent of the usual 
indicator or any other device directly con¬ 
nected with the hoisting engine. 

Provided, however, that the rope releasing 
device, safety chairs and the warning signal 
required by the terms of this section need not 
be installed if the hoisting engine be equipped 
with a device that will automatically stop the 
engine if the cage, skip or man car passes a 
certain point, and provided, further that such 


45 


automatic stopping device be kept constantly 
in good working order. 

§ 31. The following rules shall be observed 
by every hoisting engineer employed within 
this State: 

Rule 1. It shall be the duty of every hoist¬ 
ing engineer to keep a careful watch over his 
engine and over all the machinery under his 
charge. 

Rule 2. He shall at all times be in im¬ 
mediate charge of his engine, and shall not at 
any time delegate any of his duties to any 
other person, except to apprentices duly desig¬ 
nated, as provided in this Act: Provided, 
however, that nothing herein contained shall 
be construed to prevent any hoisting engineer 
from delegating to or sharing his duties with 
any other duly appointed hoisting engineer or 
turning over the engine and machinery in 
hi* charge to any other such engineer at the 
end of his shift. 

Rule 3. He shall familiarize himself with 
ind use all signal codes for hoisting and lower- 
; ng as directed to be used in this Act. 

Rule 4. He shall not run his engine unless 
he same is properly provided with brakes, 
ndicators, and distancemarks on hoisting 
opes, or cables, as provided by this Act. 

Rule 5. It shall be the duty of the hoist- 
lg engineer to exclude every person from his 
ngine-room, excepting any person or persons 
diose duties require their presence therein, 
nd visitors authorized by the superintendent 
f the mine. 



46 


Rule 6. He shall hold no conversation 
with any one while his engine is in motion or 
while attending to signals. 

Rule 7. He shall run his engine with ex¬ 
treme caution whenever men are being hoisted 


or lowered. 

Rule 8. He shall not hoist men out of, or 
lower men into, any mine or shaft at a speed 
greater than the rate posted in the engine- 
room by the superintendent of the mine. 1 

Rule 9. He shall daily inspect all hoisting j 
machinery and safety appliances connected^ 
therewith and all ropes and hoisting apparauts, 
when and as directed by the mine superintend 
ent, and shall report to him any defects found 
therein. 


Rule 10. After any stoppage of hoisting] 
for repairs or for any other purpose exceeding 
in duration one hour, he shall run a bucketf.i 
skip, cage or other conveyance, on which n< 
men shall ride, up and down the working part 
of the shaft at least once, and shall not permit , 
the bucket, skip, cage or other conveyance tc;> 
be used for hoisting or lowering men unti |. 
the hoisting machinery and shaft shall havd 
been found to be in safe condition. 


Rule 11. He shall do no hoisting in ail^ 
compartment of a shaft while repairs are beirl 
made in the said hoisting compartment, ej 
cept, such hoisting as may he necessary tfo 
make such repairs. 

Rule 12. He shall land the bucket, skif). 
cage, or other conveyance either at the top dr 
at the bottom of the shaft before turning ov<fer 





47 


the charge of the engine to his relief at change 
of shift, or at any other time. 

Rule 13. Upon receiving the blasting sig¬ 
nal the engineer shall answer by raising the 
bucket, skip, cage, or other conveyance a few 
feet and letting it back slowly; and then upon 
receiving the signal of one bell he shall hoist 
, the men away from the blast. 

Rule 14. He shall familiarize himself with 
and carry out the requirements of rules, 7, 8, 
9, 10, 11, 17 and 18, of section 46 of this Act. 

Rule 15. Any hoisting engineer or any 
person having in charge the hoisting machin¬ 
ery connected with the mine who shall will¬ 
fully violate any of the provisions of this sec¬ 
tion, or any of the rules contained therein, or 
who shall willfully violate any of the pro¬ 
visions of rules 7, 8, 9, 10, 11, 17, and 18 in 
section 46 of this Act, shall upon conviction 
be deemed guilty of a violation of this Act 
and shall be liable to punishment accordingly. 

Rule 16. The superintendent shall post a 
copy of this section and a copy of section 30 
in a conspicious place on the door of the engine 
house. 

§ 32. It shall be unlawful to use in any 
mine any rope or cable for hoisting or lower¬ 
ing either men or material, when such hoisting 
or lowering is done by any means other than 
human or animal power, unless such rope or 
cable shall be composed of fnetal wires, wtih a 
factor of safety determined as hereinafter set 
forth: Provided , however, that such metal 
wires may be laid around a hemp center. 






48 


A factor of safety of all such ropes or 
cables when newly installed in shafts less than 1 
3,000 feet deep shall in no case be less than jj 
six, and shall be calculated by dividing the 9 
breaking strength of the rope, as given in the 1 
manufacturers’ published tables, by the sum of ^ 
the maximum load to be hoisted, plus the total ; 
weight of the rope in the shaft when fully v let-'jj 
out. 

It shall be unlawful to use any rope <oi» ' 
cable for the raising or lowering of men when 
its factor of safety, based on its existing 
strength and dead load, shall have fallen be¬ 
low 4.5. 

It shall be unlawful to use any rope or 
cable of the so-called 6 by 19 standard con¬ 
struction for the raising or lowering of men, 
either when the number of broken wires in 
any one lay of said rope exceeds six or when 
the wires on the crown of the strands are 
worn down to less than 65 per cent of thsir 
original diameter, or when the superficial in¬ 
spection provided for in this section shows 
marked designs of corrosion: Provided , hoio- 
cver, that when such broken wires are reduced 
by wear more than 30 per cent in cross sec¬ 
tion, the number of breaks in any one lay of j 
the rope shall not exceed three. j 

The superintendent of a mine shall keep > 
a record of every hoisting rope used at the Q 
mine or mines in his charge, noting the length 
and cross-sectional dimentions of the rope, the i 
constructions of the rope, the kind of core, 
the number of strands, the construction of V 


t 

\ 

! 



49 


i 


the strands, the number of wires per strand, 
the class of steel of which the wires are made, 
the breaking stress of such steel, the breaking 
load of the rope, the name and address of the 
maker, the date of manufacture, the date of pur¬ 
chase, the date when put in use, the designa¬ 
tion of the shaft and compartment in which 
the rope is used, the dates of resocketing, re¬ 
clipping, reclamping, recapping, and shorten¬ 
ing, the length of rope cut off at each such oper¬ 
ation; the dates of reversing ends, and the 
date when discarded. A copy of this record 
shall be filed with the inspector of mines. 

It shall be unlawful to use any hoisting 
rope after three years from the time of its first 
installment, irrespective of whether use of the 
rope in the interval has been continuous or 
intermittent, unless a piece be cut off from the 
socket end of said rope and subjected to an 
actual breaking test in the laboratory of a re¬ 
sponsible rope manufacturer or a testing labora¬ 
tory of recognized standing and shall be found 
thus to be above the minimum limit of strength 
as prescribed in this section. 

Every hoisting rope whereof the hook for 
connecting with the skip, cage, bucket, or other 
conveyance is made by means of a babbitted or 
zinc-filled socket, must be resocketed at fre¬ 
quent intervals, at least 6 feet of the rope being 
cut off, and every rope whereof .the connection 
be made by clamps or clips must be reclamped 
or reclipped with the same frequency as herein 
specified for sockets, at least 6 feet of the rope 
being cut off at each time: Provided , that if 


50 


the expected rope life based ,on previous ex¬ 
periences, be less than ten months the resocket¬ 
ing must be done every month. And provided 
further, that if the expected life be between 
10 and 15 months, the resocketing must be done 
every 2 months; if between 15 and 21 months, 
the resocketing must be done every 3 months; 
if between 21 and 24 months, the resocketing 
must be done every 3 y 2 months, and if over 24 
months, the resocketing must be done every 
six months. 

When a new hoisting rope is installed, it 
must be run for at least 10 trips under full load 
before it is used for lowering or hoisting men 
and after each resocketing, reclipping, reclamp¬ 
ing, or recapping, every rope shall be similarly 
run for at least four trips before it is used for 
lowering or hoisting men. 

All ropes shall be superficially inspected 
once in every 24 hours by some competent per¬ 
son designated for that purpose by the superin¬ 
tendent. It shall be the duty of the superin¬ 
tendent to cause an examination to be made 
whenever a rope is resocketed, reclamped, or 
reclipped, by cutting off from the lower end of 
such rope a section not less than 6 feet in 
length and having such section carefully ex¬ 
amined both exteriorly and interiorly for cor¬ 
rosion and breaks. If upon any inspection such 
hoisting rope or cable shall be found to be be¬ 
low the requirements set for in this section, it 
shall be disused for such purpose forthwith, 
and any operator or superintendent using or 
permitting the use of such hoisting rope or 



51 


' cable for the purpose of hoisting or lowering 
men thereafter shall be deemed guilty of a mis¬ 
demeanor and shall be punished as hereinafter 
provided. 

Every rope used for hoisting or lowering 
men or material shall be securely fastened to 
its drum or reel and when in use shall never 
be fully unwound; at least two full turns shall 
remain always on the drum or reel. The end of 
the rope attached to the. conveyance in the shaft 
shall either be securely fastened within a tap¬ 
ered 'socket or else it shall be bound around an 
oval thimble and then fastened to itself by such 
number of clips or clamps as will develop at 
least 80 per cent of the strength of the rope 
and the rope connection shall be maintained 
at least at that point of efficiency. 

Every hoisting rope shall be treated with 
oil or some suitable rope compound at least 
once every month. Such compound shall be 
chemically neutral and shall be of such con¬ 
sistency as to penetrate the strand and not 
merely cover the surface of the rope: 

Provided. that the terms of this section 
shall not apply to the hoisting and lowering of 
men in shafts in mines over 3.000 feet deep: 
Provided, further, that the terms of this sec¬ 
tion shall not apply to the hoisting or lower¬ 
ing of water or other material in shafts used 
exclusively for that purpose and whereof no 
compartment is used for the hoisting or lower¬ 
ing of men. If any shaft exempted by this 
proviso has a compartment for pipes or any 
other purpose than hoisting, and repairs or the 






52 


attention of men may be required in such com¬ 
partment, hoisting through the shaft must be 
suspended while the men are in it. 

The depth of incline shafts shall be taken 
as the vertical depth measured from the shaft 
collar. 

§ 33. It shall be unlawful for the operator 
of any mine to permit the hoisting or lowering 
of men through a vertical shaft deeper than 
300 feet unless an iron-bonneted safety cage be 
used for the hoisting and lowering of such 
men, but this provision shall not apply to 
shafts in process of sinking. 

It shall be the duty of the operator to have 
all cages in which men are hoisted and lowered 
used in such shafts over 300 feet deep, con¬ 
structed as follows: The bonnet shall be of 
two steel plates, three-sixteenths of an inch in 
thickness, sloping toward each side, and so 
arranged that they may be readily pushed up¬ 
ward to afford egress to persons therein, and 
such bonnet shall cover the top of the cage 
in such manner as to protect persons on the 
cage from objects falling into the shaft. The 
cage shall be provided with sheet iron or steel 
side casing not less than one eighth of an inch 
thick, or with a netting composed of wire not 
less than one-eightli of an inch in diameter and 
not less than 3y 2 feet in height, and with gates 
of not less than 3% feet in height and made of 
the same material as the side casing, either 
hung on hinges or working in slides, or with 
a bar in lieu of a gate, such bar being not 
less than 3 y 2 nor more than 4 feet above the 


53 


cage bottom. Provided, however, that nothing 
herein shall be constructed as requiring the 
use of such gates or bars on cages when men 
are not being hoisted or lowered thereon, or 
i when the number of men thereon does not ex¬ 
ceed 50 per cent of the maximum capacity of 
the cage, determined as provided in Section 30. 
Every cage shall have overhead bars of such 
arrangement as to give every man on the cage 
an easy and secure hand hold. Every cage 
sha}l be provided with a safety catch of suf¬ 
ficient strength to hold the cage or skip with 
its maximum load at any point in the shaft in 
the event that the hoisting cable should break. 

The failure of the operator of any mine to 
comply with the provisions of this section with¬ 
in 90 days after its passage shall constitue a 
misdemeanor and shall be punished as here¬ 
inafter provided. 

§ 34. All boilers used for generating steam 
in and about mines shall be kept in good order, 
and the operator or superintendent shall have 
them examined and inspected by a qualified per¬ 
son, not a regular employee of said operator, 
as often as once in six months, and oftener 
if the inspector shall deem it necessary. Pro¬ 
vided, that inspection by any boiler insurance 
company in good standing shall be considered 
equivalent to an examination by such qualified 
outside person. The result of such examina¬ 
tion, of the person making such examination, 
shall be certified in writing by the operator to 
the inspector within 30 days thereafter. It 
shall be the duty of the operator to provide 





54 


each boiler with a safety valve of sufficient area 
for the steam to escape, and with weights or 
springs properly adjusted and with a steam 
gage and water gages; and another steam gage 
shall be attached to the steam pipe in the en¬ 
gine house. All steam gages shall be placed in 
such position that the engineer or fireman can 
readily examine them and see what pressure 
is carried. All steam gages shall be kept in 
good order, and shall be tested and adjusted 
as often as once in every six. months and their 
condition reported to the inspector in the same 
manner as the report of the boiler inspection. 

Every receiver, tank, or other receptacle, 
except transmission pipe, used for storing'com- , 
pressed air at a greater gage pressure than 40 
pounds per square inch, which has a capacity 
exceeding 6 cubic feet, shall be capable of with¬ 
standing a gage pressure of 50 per cent greater 
than that normally allowed by the safety valve 
to exist in such receptacle. Every such re¬ 
ceptacle shall be inspected with the same fre¬ 
quency and in the same manner as herein pro- ; 
vided for the inspection of boilers. Every such 
receptacle shall be blown out at least once in 
every 24 hours, so as to remove all accumula¬ 
tions of grease, oil, or other material likely to 
cause an explosion. In no such receptacle shall 
the temperature be allowed to rise above 250° F. 

It shall be the duty of the operator to 
carry out the provisions of this section, and 
failure to comply with the provisions of this 
section shall constitute a violation of this Act. 



ot> 


§ 35. All machinery used in or about the 
mine that when in motion would be dangerous 
to persons coming in contact therewith, such as 
engines, wheels, screens, shafting, gears, and 
belting, shall be guarded by a covering or rail¬ 
ing so as to prevent persons from inadvertently 
walking against or falling upon the same. The 
sides of stairs, trestles, and dangerous plank 
walks, gangways and platforms in and around 
the mine shall be provided with hand and 
guard railing to prevent persons from falling 
over the sides. This section shall not forbid 
the temporary removal of a fence, guard' rail, 
or covering for the purpose of repairs or other 
operations, if proper pecaution is used, and if 
the fence, guard rail, or covering be replaced 
immediately thereafter. 

It shall be the duty of the operator to 
carry out the provisions of this section, and 
failure to comply with the provisions of this 
section shall constitute a violation of this Act. 

§ 36. No boy under the age of sixteen years, 
and no woman dr girl of any age shall be 
permitted to do any manual labor in or about 
any mine, and before anybody can be permitted 
to work in any mine he must produce to the 
mine manager or operator thereof an affidavit 
from his parent or guardian or next of kin, 
sworn and subscribed to before a Justice of 
the Peace or Notary Public, that he, the said 
boy, is sixteen years of age. 

The parent, guardian or next of kin shall 
submit in connection with said affidavit .a cer¬ 
tificate of birth, a baptismal certificate, a pass- 




56 


port or other official or religious record of the 
boy’s age or duly attested transcript thereof, 
which certificate or transcript thereof shall, 
for the purposes of this Act, establish the age 
of said boy. 

Any person swearing falsely in regard to 
the age of a boy shall be guilty of perjury, 
and shall be punished as provided in the Gen¬ 
eral Statutes of the State pertaining to per¬ 
jury. 

§ 37. It shall be the duty of every opera¬ 
tor of every mine, except as hereinafter pro¬ 
vided, to maintain at least two outlets to the 
surface from such mine, or an underground 
communicating passageway between every such 
mine and some other neighboring mine, so 
that there shall be at all times at least two 
distinct and available means of access to the 
surface to all persons employed in such mine. 
Such outlets shall not be less than 100 feet 
apart and there shall be between them a space 
not less than 50 feet in wiflth free of build¬ 
ings or inflammable structures or material. 

Where two -openings to the surface shall 
not have been provided as aforesaid, it shall 
be the duty of the inspector to order in writ¬ 
ing, -served upon the operator or superintendent 
of such mine, a second opening to be made 
without, delay by the opeartor of said mine, 
and in the event of the operator of such mine 
failing forthwith to commence and prosecute 
the making of a second opening within 20 days 
after the service of said order, or in the event 
of the inspector deeming any mine having only 


o7 

one such opening to be dangerous to the lives 
and health of those employed therein, it shall 
thereupon be the duty of such inspector forth¬ 
with to institute an action for an injunction 
to close said mine as provided for in section 10 
of this Act. 

Provided, however, that the above require¬ 
ments shall not apply in the case of (a) shafts 
or mines in process of being connected, to horn- 
ply with the terms of this section; (b) shafts, 
winzes, adits, levels, tunnels, and drifts to 
prospect for and develop mineral substances, 
but not for the extraction of mineral sub¬ 
stances, except such as may be extracted in 
the course of such prospecting and developing 
work; (c) any mine in which one of the shafts 
or outlets shall have temporarily become un- 
| available for the persons employed in the mine, 
j and in which every effort is being made by the 
I operator in the mine to open such temporarily 
I unavailable outlet, and provided the same is 
not, in the opinion of the inspector dangerous 
to the life and health of those employed there¬ 
in; (d) mines having workings less than 100 
feet deep and extending less than 500 feet from 
the shaft in any direction, but not mines opened 
primarily by an adit, level or tunnel; and (e) 
mines opened by an adit, level, tunnel, or drift 
less than 1,000 feet in length: And, provided, 
further, that mines opened by an inclined shaft 
of less than 20° angle from the horizontal 
shall be considered for the purpose of this 
section and Act as equivalent to a mine opened 
by an adit, level, tunnel, or drift. 




58 


Provided, further, that any prospecting or 
development property opened by a timbered 
shaft and exempt under exception (b) from 
providing two outlets to the surface shall not 
permit more than 50 men to work underground 
at any one time, unless such shaft be provided 
with a water-sprinkling system. 

§ 38. In every mine, where under the pro¬ 
visions of Section 38 of thjs Act, only one 
outlet is required and where a single shaft 
affords the only means of ingress and egress 
to persons employed underground, such shafts 
if more than 200 feet deep shall be divided into 
at least two compartments. One of said com¬ 
partments shall be set aside for use as a lad¬ 
derway and no hoisting conveyance shall be 
allowed therein. Whenever such ladderway 
compartment shall be covered by a non-fire- 
proof building, it shall be the duty of the 
operator of said mine to cause said ladderway 
to be securely bulk-headed at a point at least 
25 feet below the collar of the shaft; and below 
this bulkhead a passageway shall be driven to 
the surface so as to have its outlet in no case 
less than 30 feet beyond the walls of the build¬ 
ing covering the main shaft. The said pas¬ 
sageway shall be equipped with a ladderway 
when necessary, as provided in rules 33 to 39 
in section 46 of this Act, and shall be kept in 
good repair and shall afford an easy exit in the 
event of fire. Every mine opened by adit, 
level or tunnel or by an inclined shaft or slope 
of less than 20° angle from the horizontal 
which is less than 1,000 feet in length, shall 


59 


have a similar side outlet. A failure on the 
part of the operator of any mine coming with¬ 
in the provisions of this section to carry out 
or cause to be carried out the provisions of 
this section shall constitute a violation of this 
Act. 

§ 39. It shall be unlawful for the operator 
of any mine after the passage of this Act to 
erect any combustible structure over the shaft, 
tunnel or other mine opening, except head- 
frames necessary for hoisting from such shaft 
or other mine opening, and the hatch or door 
necessary for closing such shaft or other mine 
opening. Provided , hoivever, that a housing of 
noninflammable and fireproof material may be 
erected over any shaft, tunnel or other mine 
opening to protect the men working at such 
point. 

It shall be the duty of every operator to 
provide every adit, tunnel, inclined shaft or 
slope of less than 20° angle from the hori¬ 
zontal, the mouth of which is covered by a 
building or house of any kind, with a door 
near the mouth of such adit, tunnel, inclined 
shaft, or slope of less than 20° angle from the 
horizontal that can be closed from outside of 
the building by a pull-wire, or cable in the 
event of fire. 

In every timbered mine in which more 
than 100 men are employed underground there 
shall be in each drift or other working leading 
from any shaft used as a manway, a metal or 
metal-covered door suitably hung at a place in 
the drift or other working, not more than 75 




60 


feet distant from the shaft from which such 
working leads. Such doors shall be so set 
that when closed they may be quickly made 
airtight, and for the purpose of sealing them* 
there shall be kept in close proximity to each 
door a suitable quantity of moist earth or 
moist clay. Such door must swing inward 
toward the shaft and no such door shall be 
fitted with any catch that will prevent its 
being readily pushed open by a man from the 
other side. 

§ 40. It shall be the duty of the operator 
of every mine to provide, in addition to any me¬ 
chanical means of ingress or egress, at least 
one means of outlet for the miners by means 
of ladders from the lowest working of the mine 
to the surface. All ladders and ladderways con¬ 
structed after the passage of this Act shall be 
built as prescribed in rules 33 to 40 of section 
46 of this Act. All ascending and descending 
manways through slopes and every shaft, winze, 
raise or incline, steeper than 35 degrees from 
the horizontal, through which men are obliged 
to pass, shall be provided with ladders and lad¬ 
derways as specified in this section: Provided , 
however, that when the slope of the working 
place is such as to permit the installation of 
stairways that can be easily and safely tra¬ 
versed, such stairways may be substituted for 
ladders. 

Every exit or outlet from a mine shall be 
marked with signboards plainly showing the 
direction to be taken wherever more than one 
course is possible: Provided , however . that no 


61 


signboards shall be necessary where the exit 
or outlet does not branch or fork. 

Every such exit or outlet shall be marked 
by colored electric lights wherever signboards 
( are required, as herein specified, and an elec¬ 
tric lighting circuit is available within 25 
feet. Such lights shall have a color distinct 
from all other underground lights. 

§ 41. The operator of every mine, whether 
operated by shaft, slope, tunnel, adit, level or 
drift, shall provide and maintain for every 
t such mine a good and sufficient amount of 
ventilation for such men and animals as may 
be employed therein, and shall cause an ade¬ 
quate quantity of pure air to circulate through 
and into all the shafts, winzes, levels and all 
I the working places of such mine. 

§ 42. It shall be the duty of the operator 
of every mine, for the purpose of improving 
the sanitation theerof and preserving the health 
of those employed therein, to provide dry 
closets, water closets, or closet cars upon all 
main working levels for the use of all men 
employed in the mine. At least one such 
closet shall be provided for every 25 men 
employed within the mine. Ready means of 
access to each such closet shall be provided 
by the operator. No closet shall be constructed 
without adequate provision for the effectual 
cleansing and removing of the contents there¬ 
of, which shall be removed and disposed of 
at least once in every day. It shall be the 
duty of the mine foreman to cause each dry 
closet to be supplied with some disinfectant 




62 


or deodorizer to be sprinkled upon the con¬ 
tents thereof. It shall be the duty of all men 
employed within any mine where such closets 
are provided to use such closets exclusively 
when in the mine and the neglect or failure 
of any men employed in a mine to use such 
closets when provided shall constitute a mis¬ 
demeanor. The neglect or failure of the oper¬ 
ator of any mine to provide closets as re¬ 
quired by this section shall constitute a misde¬ 
meanor: Provided , however, that this section 
shall not apply to any mine where the operator 
or superintendent prefers to permit the men 
to go to the surface, and requires the men 
so to do. 

Every stable or other place underground 
used for the housing of mules, horses, or other 
animals shall be thoroughly cleaned and the 
waste contents thereof removed to the surface 
at least every 24 hours. 

It shall also be the duty of the operator of 
every mine to provide a good quality of drink¬ 
ing water for the use of all men employed in 
the mine, a supply of which shall be provided 
on each main working level, and it shall be the 
further duty of the superintendent to cause 
such supply of drinking water to be ade¬ 
quately protected from contamination by dust 
and from promiscuous drinking from the sup¬ 
ply vessel on the part of the men. 

It shall be the duty of the inspector of® 
mines to see that the provisions of this sec-^ 
tion are complied with, and in the event of I 


63 


noncompliance to institute the proper proceed¬ 
ings under section 50 of this Act. 

The operator of every mine employing 
more than 50 men underground shall provide 
a dressing room or change house for the pur¬ 
pose of drying the clothing of the persons em¬ 
ployed in and about the mine, and such dress¬ 
ing room or change house shall be provided 
with adequate means of heating and lighting. 
Such dressing room or change house shall be 
available to the men, free of cost, at all 
reasonable hours. 

Every person employed in a mine who 
damages or misuses, or fails to use when 
j necessary, any appliances for the prevention 
of dust, fumes, or smoke, or any other sani- 
jl tary appliances provided by the operator shall 
be deemed guilty of an offense against this 
Act. 

§ 43. In all mines where stoping is done 
by the opining of chambers, the roof thereof 
being supported only by the walls of the 
chambers, or by pillars, it shall be the duty 
of the superintendent of the mine to detail 
a competent man to make a frequent inspec¬ 
tion of the roof of those parts of the mine 
where men are employed, and said men so 
detailed shall be charged with the duty of 
dislodging any slabs or rock in said roof that 
have become loose. While such dislodging 
is being effected, the floor of the stope imme¬ 
diately beneath such loose rock shall be fenced 
oft' or otherwise adequately guarded: Provided, 
however, that it shall be the duty of every 





miner to care for the roof of the place when § 
he is working. 

It shall also be the duty of the superin J 
tendent of the mine to cause daily inspectioi l 
to be made by a competent person detailec I 
for such purpose, of the roofs of stopes, in I 
dined shafts, inclined winzes, and other work 
ings used, and of the sides of shafts and win 
zes when any of these are used as traveling 
ways, and of the roofs of all drifts, adit levels. \ 
tunnels, and gangways, and that the person 
so detailed shall make the place safe. 

§ 44. Whoever shall, while under the in¬ 
fluence of intoxicating liquor, enter any mine, 
or any of the buildings, connected with the 
operation of the same where miners or othei 
workmen are employed, or who ever shall 4 
carry intoxicating liquors into the same, shall 
be deemed guilty of an offense against this 
Act, and upon conviction shall be punished 
accordingly. 

Provided , however, that nothing herein 
contained shall prevent the carrying of an 
alcoholic spirits or liquor into such mine or 
buildings for the purpose of administering to 
any one injured therein. 

§ 45. That the following rules in this sec¬ 
tion set out, shall be observed in every mine: 

Rule 1. The operator and superintendent of 
every mine shall use every precaution to in¬ 
sure the safety of the workmen in the mine 
in all cases, whether provided for in this Act 
or not. 





65 


Rule 2. Whenever a mine foreman cannot 
personally carry out the provisions of this 
Act, so far as they pertain to him, the superin¬ 
tendent shall authorize him to employ a suffi¬ 
cient number of competent persons to act as 
his assistants, who shall be subject to his 
order, and shall be known as “assistant mine 
foreman’’ and they shall carry on the duties 
of the mine foreman as directed by him and 
as prescribed in Section 20 of this Act 

Rule 3-. The mine foreman sha,ll have 
charge of carrying out or directing the carry¬ 
ing out of his duties as prescribed in Section 
20 of this Act; and any superintendent who 
shall direct or cause a mine foreman to dis¬ 
regard the provisions of this Act shall be 
amenable in the same manner as the mine 
foreman. 

Rule 4. The mine foreman shall see that 
all dangerous places are properly fenced off 
and proper danger-signal boards are so hung 
on such fencing that they may be plainly seen. 

Rule 5. No candle shall be left burning in 
a mine or any part of a mine when the per¬ 
sons using the candle shall depart from his 
work for the day. 

Rule 6. Where candle illumination is used 
underground metal sconces shall be provided 
at all timbered stations where candles must 
be kept burning, and it shall be unlawful to 
place or keep lighted candles in such places 
except in metal sconces. 

Rule 7. At all mines where hoisting is done 
by cage from two or more levels a man shall 





66 


be employed whose duties shall be to load , 
and unload the cage and to give the signals 
to the hoisting engineer. The superintendent 
shall be responsible for the enforcement of 
this rule. . , £ | 

The conductor, cage tender, or cage rider, 
required by the terms of Section 30 shall, when 
men are being hoisted or lowered, see that 
the gates or bars of the cage are closed before 
giving the signal to move the cage and shall be 
responsible for their closing. 

Rule 8. It shall be unlawful for any per- i 
son to ride upon any cage, skip, or bucket j 
that is loaded with tools, timber, powder, or 
other material except for the purpose of 
assisting in passing such material through a j 
shaft or incline, and then only after a special 
signal has been given. I 

Rule 9. When tools, timber or other ma- j 
terial are to be lowered or hoisted in a shaft,) 
their ends, if projecting above the top of the ' 
bucket, skip or other vehicle, shall be se-| 
curely fastened to the hoisting rope or to the 
upper part of the vehicle and all tools, timber, 
or other material loaded upon a cage shall be 
securely lashed or otherwise secured before 
being lowered or hoisted. I I 

Rule 10. In no case shall a cage, skip or '^ 
bucket or other vehicle be lowered directly 1 
to the bottom of the shaft when men are work- j 
ing there, but such cage, skip or bucket ori ! 
other vehicle shall be stopped at least 15 feetr I 
above the bottom of such shaft until the sig-y 
nal to lower farther shall have been given toj! 





67 


i the hoisting engineer by one of the men at 
the bottom of the shaft: Provided, however, 

| that this rule shall not apply to shafts of less 
I than 100 feet in depth. 

Rule 11. During shaft-sinking operations 
no other work in any other place in the shaft 
shall be executed, nor shall any material or 
tools be hoisted or lowered from or to any 
other place in the shaft while men are at work 
in the bottom of the shaft unless the men so 
at work be protected from the danger of 
falling material by a securely constructed 
; covering extending over the whole area of 
the shaft, sufficient closable openings being 
left in the covering for the passage of men 
| and the bucket or other conveyance used 
! in the sinking operation. 

Rule 12. Whims in use at or in mine shall 
be provided with a suitable stopper or some 
other reliable device to prevent running back 
of the bucket or other conveyance. 

Rule 13. All vertical shafts more than 200 
feet deep from which hoisting is done by 
means of a bucket shall be provided with 
suitable guides, and in connection with the 
bucket there shall be a cross head traveling 
upon these guides. The height of the cross 
head shall be at least two-thirds of its width. 

Rule 14. Every shaft, if exceeding 50 feet 
in depth shall be provided with an efficient 
■ means of interchanging distinct and definite 
signals between the lowest level and the top 
of the shaft and the various intermediate 
levels from which hoisting is being done. 




68 


The signalling apparatus shall' be a cord or 
wire actuating a knocker, bell or whistle, 
which shall be supplemented by a speaking 
tube, or telephone or an electrical system. 

Rule 15. Special care shall be taken to 
keep the signalling apparatus in good order, ! 
and all proper precautions shall be taken to 
prevent electric signal and telephone wires 
from coming into contact with other electric 
conductors, whether insulated or not. 

Rule 16. It shall be unlawful for any per¬ 
son to interfere with or impede any signalling 
in any mine, or knowingly to damage any sig¬ 
nal system or knowingly to give or cause to 
be given any wrong signal within the mine 
or to ride upon any cage, skip, bucket, or 
other conveyance at a time when signals have 
been given informing the hoisting engineer 4 
that no person is so riding. 

Rule 17. The following signals shall be 
used: One bell, hoist (when engine is at rest); 
one bell, stop (when engine is in motion); 
two bells, lower; three bells, men on cage 
about to ascend or descend; four bells (when 
shaft sinking is in progress) blasting signal; 
nine bells, or flashing of electric* lights nine 
times in quick succession, danger signal, all 
men to get out of the mine. 

Rule 18. Special signals in addition to the, 
above, or signals in lieu thereof, may be used 
in any mine, provided they are easily dis¬ 
tinguishable by their sound or otherwise, and 
do not interfere with them in any way. 



69 


Rule 19. .An easily legible copy of the above 
code, or of any special code adopted in any 
mine, shall be printed in letters at least one- 
half an inch high, oh a board or metal plate 
not less than 18 by 18 inches, and shall be 
securely posted in the engine room, at the 
collar of the shaft and at each level or station. 
The superintendent of the mine shall be re¬ 
sponsible for the carrying out of this rule. 

Rule 20. The timbers in all manways in 
daily use shall be cleaned of all loose rock 
lodged upon them at least once in every 24 
hours. Manways in daily use shall be kept 
clear of obstructions. 

Rule 21. Every shaft, incline, slope, adit, 
tunnel, level, or drift, and any working place 
in the mine shall be, when necessary, kept 
securely timbered or protected to prevent in¬ 
jury to any person from falling material. It 
shall be the duty of the operator to carry out 
and enforce the provisions of this rule, but 
nothing contained herein shall be construed 
to relieve the miner from the duty of caring 
for his own working place, save as hereinafter 
provided. 

Rule 22. - It shall be the duty of the oper¬ 
ator to see that all miners in the mine are 
supplied at all times with such timbers as are 
necessary to keep their working places in a 
safe condition. For the purposes of this and 
the succeeding rules, the term “timbers” shall 
be held , to include and mean all wood to be 
used by the miner, or all steel or concrete 
material used in lieu of timber. 




70 


Rule 23. If for any cause, necessary tim¬ 
bers cannot be supplied to any miner when re¬ 
quired, it shall be the duty of the mine fore¬ 
man to instruct the miner or miners to vacate 
all such working places until supplied with 
the timbers needed, but nothing contained 
herein, shall be construed to relieve the oper¬ 
ator of the duty of supplying such timbers. 

Rule 24. All abandoned shafts, shafts tem¬ 
porarily out of use, or shafts used only as 
airways, shall be securely covered or fenced 
and shall be so maintained. All mill holes, 
glory holes, and cavernous stopes opening to 
the surface shall be securely fenced and shall 
be so maintained if such mill holes, glory 
holes, or cavernous stopes are within 300 feet 
of a highway or throughfare. All other aban¬ 
doned excavations whereof the side slopes 
more than 40 degrees from the horizontal, and 
whereof the depth is more than 10 feet, shall 
be securely fenced, but such fencing need be 
erected only at those places where such slope 
is in excess of 40 degrees, and all such fencing 
shall be maintained in good condition. 

Rule 25. Any wilful removal of, injury to, 
or destruction in whole or in part of, any 
covering or fences provided for in Rule 24 
of this section shall constitute a misdemeanor, 
and shall be punished as provided in Section 
49 of this Act. 

Rule 26. Stationary lights shall be provided 
during the working hours at all shaft stations 
during the time the same are in actual use, 
and also at all stations on the levels where 



71 


hoisting or hauling is effected by means of 
machinery and also a light at all places on 
the surface where work is being conducted, 
and at the head of any shafts not fenced or 
covered. 

Rule 27. All places where hoisting, pump¬ 
ing or other machinery is erected and in the 
proximity of which persons employed in the 
mines are working or moving about shall be 
so lighted that the moving parts of such 
machinery can be clearly distinguished. 

Rule 28. In every mine in which mechani¬ 
cal haulage is employed there shall be at 
intervals of not more than 100 feet on each 
' main haulage way, except in shafts, places 
of refuge affording a space at least 2 y 2 feet 
) in width between the widest portion of the 
car or train running on the tramway and the 
side of the haulageway. When electric trolley 
; haulage is used or when there is a lighting 
circuit in the haulageway such places of refuge 
shall be marked by lights of a distinctive color, 
i so placed as to be plainly visible from a 
distance of at least 50 feet in each direction 
in the haulageway. 

Rule 29. Every such place of refuge shall 
be kept constantly clear, and no refuse shall 
be placed therein and no persons shall in any 
way prevent access thereto. 

Rule 30. No raise shall be allowed to ap¬ 
proach within 10 feet of any part of a winze, 
stope, or other opening in which there is a 
dangerous accumulation of water, unless such 
winze or stope be first unwatered by bailing 




72 


or pumping or by means of a bore from the > 
raise. 

Rule 31. When advancing a drift, adit \ 
level, or incline toward a mine working that is 1 
suspected to be filled wfth water a bore hole 
shall be kept at least 15 feet in advance of the , 
breast of the drive when in the vicinity of 
such mine working, and also, if necessary in 
directions laterally from the course of the ! 
drive, and such additional precautionary meas- j 
ures shall be taken as may be deemed neces¬ 
sary to obviate the danger of a sudden break¬ 
ing through of water. 

Rule 32. In every mine where, in the opin¬ 
ion of the inspector of mines, there is danger 
of a sudden inburst of water, such additional 
raises, drifts, or other workings shall be con¬ 
structed as are necessary, in the opinion of J 
the inspector, to insure the escape of work¬ 
men from the lower workings. 

Rule 33. The distance between the center 
of the rungs of a ladder shall not exceed 14 
inches and shall not vary more than one-half 
inch in any one ladderway. 

Rule 34. The rungs of a ladder shall in no 
case be less than 4 inches from the wall of 
the shaft or any opening in which the ladder 
shall be used. 

Rule 35. Every ladderway with an inclina¬ 
tion of more than 45° from the horizontal, the, 
vertical distance between the top and the 
bottom of which is more than 100 feet, that 
may be used for the ascent and descent of 
persons working in the mine, shall have sub- 





73 


stantial platforms at intervals of not more 
than 20 feet measured vertically and the incli¬ 
nation of any ladder or section of a ladder 
| shall not exceed 80° from the horizontal. 

Rule 36. All such platforms, except for an 
opening large enough to permit the passage 
of a man, shall be closely covered. 

Rule 37. Ladders shall project at least 3 
feet above every platform in the ladderway 
and at least 3 feet above the collar of the 
shaft, unless hand rails shall be fixed at such 
places. 

Rule 38. In vertical workings not exceed¬ 
ing 100 feet in depth or height, ladders may 
be fixed vertically; no vertical ladders shall 
be used with a greater height or depth than 
100 feet. Provided, however, that around 
I every such vertical ladder, collars or plat- 
1 forms shall be built which shall be not more 
than 20 feet apart and shall be constructed 
as provided by rule 36 of this section. 

Rule 39. Under no circumstances shall any 
ladder inclining backward from the vertical 
be installed. 

Rule 40. Ladderways shall be provided in 
all shafts in the course of sinking to within 
such a distance from the bottom thereof as 
will secure them from damages by blasting. 
From the end of such ladderways, chain, wire 
rope or wooden extension ladders to reach 
to the bottom of the shaft shall be provided. 
Provided, however, if shots are fired by elec¬ 
tricity, ladders shall not be required. 





Rule 41. It shall be the duty of the super- j 
intendent to enforce the carrying out of Rules L 
33 to 40. i 

Rule 42. All sumps shall he securely cov- | 
ered except when being cleaned or repaired or j 
for similar purposes. 

Rule 43. In stopes timbered with square 
sets the working floors shall be closely and se- < 
curely lagged over. Lagging shall be long ' 
enough to. reach entirely across the caps or 
girts, or shall reach to the center of the cap 
or girt at each end and shall be spiked. Open¬ 
ings in the floors shall be protected by railings. 

Rule 44. Winzes opening directly from the 
floor of a drift or stope shall be kept covered 
by a substantial hatch, or shall be planked 
over, except when in use, or shall be barred 
off by such a substantial railing not less than 5 
3 y 2 feet nor more than 4 feet above the level 
of the floor, or shall be provided with a gang- f 
way not less than 10 inches wide, which gang- | 
way shall have a substantial hand railing not 
less than 3 y 2 feet nor more than 4 feet above 
the gangway, and the approaches to such gang¬ 
way at either end shall be protected by a sub¬ 
stantial railing not less than 3% feet nor more i 
than 4 feet above the floor. 

Rur.E 45. Stopes opening directly from the 
floor of a drift shall be protected by a fence 
or a substantial hand rail not less than 3 y 2 
feet nor more than 4 feet in height above the ' 
floor of the drift, or such stopes shall be se- : 
curely planked over. 





75 


Rule 46. Drifts used as manways inter¬ 
secting overhead workings through which ma¬ 
terial is dropped shall be closed to the pas¬ 
sage of persons by a substantial rail not less 
than 3y 2 feet nor more than 4 feet in height 
above the level of the drift, on each side of the 
working, whenever material is to be dropped 
through such working, and the .drift shall be 
kept so closed during periods when the work¬ 
ing is so in use. 

Rule 47. At all shafts stations a gate or 
guard rail not less than 3% feet nor more than 
4 feet above the floor shall be provided and 
kept in place across the shaft, except when 
the cage, skip, bucket or other conveyance is 
being loaded or unloaded thereat, but this 
prohibition shall not forbid the temporary re¬ 
moval of the gate or rail for the purpose of 
repairs or other operations if proper precau¬ 
tion to prevent danger to persons be taken. 

Rule 48. The top of all shafts shall be pro¬ 
tected by a tight fence or railing, which may 
be provided with the necessary gates or bars 
to give access to the shaft, but such gates or 
bars shall be kept closed when access to the 
shaft is not necessary. 

Rule 49. If hoisting be done from greater 
depth than 100 feet by mean of a bucket, shaft 
doors shall be constructed that will prevent any 
material from falling into the shaft while the 
bucket is being dumped, and such doors shall 
be closed while the bucket is being dumped. 

Rule 50. All stations or levels shall have 
such a passageway through or around the work- 


76 


ing shaft that crossing through the hoisting 
compartment may be avoided; entering or cross¬ 
ing the hoisting compartment of a shaft except 
to ascend or for the purpose of effecting re¬ 
pairs is prohibited; before repairs are com¬ 
menced the person in charge of or directing 
the repairs shall inform the hoisting engineer 
of the nature thereof. 

Rule 51. The safety catches of cages shall 
be kept well oiled and in good working order, 
and shall be tested at least once a month. 
Such test shall consist of releasing the cage 
suddenly in some suitable manner so that the 
safety catches shall have an opportunity to grip 
the guides. 

Rule 52. Every mine thawing dynamite or 
other explosives containing nitroglyecrine shall 
be provided with a separate place for that pur¬ 
pose on the surface, or with as pecial under¬ 
ground chamber which shall be a separate drift 
or cross cut, and it shall be unlawful to have 
explosives in any other place or in any other 
manner than as provided by Rules 53 to 55 of 
this section. 

Rule 53. Dynamite or other explosives con¬ 
taining nitroglycerin shall not be thawed by 
any means other than steam or a hot water 
device, or by manure, or by electrical current. 
If steam or water be the agent employed, the 
stove, boiler, or other pirmary source of heat 
shall not be nearer to the thawing room than 10 
feet. If electric current be the heating agent, 
the current shall not be brought within 10 feet 
of the explosives to be thawed. 


77 


Rule 54. It shall be unlawful to thaw dyna¬ 
mite or other explosive containing nitrogly¬ 
cerine by placing it near a fire or near a steam 
boiler. 

Rule 55. It shall be unlawful to thaw dyna¬ 
mite or other explosives containing nitrogly- 
• cerine by direct contact with steam. 

Rule 56. It shall be unlawful for any per¬ 
son knowingly to distribute frozen dynamite or 
other explosives containing nitroglycerine to 
any person working in any mine, unless such 
explosive is to be thawed in accordance with 
Rules 53 to 55 of this section. 

Rule 57. It shall be unlawful to carry ex¬ 
plosives on an electric locomotive, or in a car 
next to 'an electric locomotive or on a gasoline 
locomotive or in any car hauled by a gasoline 
locomotive. 

Rule 58. It shall be unlawful to place or 
leave explosives near live electric wires. 

Rule 59. No person shall remove any ex¬ 
plosive from a mine without the written consent 
of the superintendent of the mine. 

Rule 60. No fuse shall be used in any mine 
that burns faster than 3 feet in 80 seconds or 
slower than 3 feet in 130 seconds. From every 
consignment of fuse recevied two coils shall be 
selected at random and pices cut from such 
two coils shall be tested for rate of burning. 

Rule 61. Notice shall be posted at the en¬ 
trance of every mine stating the rate of burn¬ 
ing of the fuse used in such mine. The super¬ 
intendent shall be responsible for the carrying 
out of this rule. 


Rule 62. Every personal accident occurring 
in or about any mine, including electric shocks 
and burns, and all accidents in connection with 
the operation of electrical equipment shall be 
promptly reported to the mine superintendent 
by the person injured, or, if such person shall 
be unable so to do by reason of the injury, 
then it shall be so reported by the person in 
immediate charge of the work at the time of 
the accident, or by some person acting in be¬ 
half of the injured person; and shall be re¬ 
corded in a book kept for that purpose in the 
office of the mine, which book shall at all times 
be open to examination by the inspector. 

Rule 63. All defects in or damages or in¬ 
jury to machinery or timbering or to apparatus 
and equipment generally in and about a mine, 
all unsafe or dangerous conditions in any part 
of the mine, and all accidents occurring in the 
course of mining operations, other than those 
of a purely minor character, even though not 
resulting in personal injury, shall be promptly 
reported to the mine foreman or superintendent 
by the person observing the same. 

Rule 64. Wages shall not be paid on any 
premises used' for the sale of intoxicating 
liquors. 

Rule 65. Strangers or visitors shall not be 
allowed underground in any mine unless ac¬ 
companied by the operator or an official of the 
mine or by an employee deputized by such oper¬ 
ator or official to accompany them, and it shall 
be a misdemeanor for any such stranger or 


79 


Tisitor to enter any mine at any time without 
the consent of the superintendent. 

Rule 66. Every mine employing more than 
25 men shall contain a suitable equipped wash¬ 
room, which shall at all times be open to the 
employees of the mine. 

Rule 67. Each workman employed in the 
mine when first enaged shall have his atten¬ 
tion directed by the mine foreman to the gen¬ 
eral and special rules provided for in this Act. 

§ 46. That the following definitions and 
rules relative to electrical installation, in this 
section set out, shall be observed in every mine 
wherein electricity may be used for lighting 
purposes and motive power. 

(a) The terms “potential” and “voltage” 
are synonymous and mean electrical pressure. 

(b) The expression “different of poten¬ 
tial” means the difference of electrical pressure 
existing between any two points of an elec¬ 
trical system or between any point of such a 
system and the earth as determined by a volt¬ 
meter. 

(c) The potential or voltage of a circuit, 
machine, or any piece of electrical apparatus, 
is the potential normally existing between the 
conductors of such circuit or the terminals of 
such machine or apparatus. 

(d) Where the conditions of the supply 
of electricity are such that the difference in 
potential between any two points of the circuit 
cannot exceed' 300 volts, the supply shall be 
deemed a low-voltage supply. 


80 


(e) Where the conditions of the supply 
of electricity are such that the difference of 
potential between any two points in the cir¬ 
cuit may at any time exceed 300 volts, but 
cannot exceed 650 volts, the supply shall be 
deemed a medium voltage supply. 

(f) Where the conditions of the supply 
of electricity are such that the difference of 
potential between any two points in the circuit 
may at any time exceed 650 volts the supply 
shall be deemed a high-voltage supply. 

(g) Grounding any part of an electrical 
system shall consist in so connecting such part 
to the earth that there shall be no material 
difference of potential between such part and 
the earth. 

(h) The term “underground station,” as 
used herein shall mean any place where elec¬ 
trical machinery is permanently installed in 
the mine. 

(i) The term “carrying capacity” shall be 
taken to mean the carrying capacity of a given 
wire as prescribed for various insulated wires 
in the National Electric Code, published by the 
National Board of Fire Underwriters. 

Rule 1. The frames and bedplates of gener¬ 
ators, transformers, and motors and other than 
low-voltage, portable motors, installed under¬ 
ground shall be efficiently grounded. All me¬ 
tallic coverings, armoring of cables, other than 
trailing cables, and the neutral wire of three- 
wire, continuous current systems shall also be 
so grounded. 


81 


Rule 2. No higher voltage than medium 
voltage shall be used underground, except for 
transmission or for application to transformers 
or to other apparatus in which the whole of 
the high-voltage circuit is stationary. 

Rule 3. All circuits leaving the switchboard 
in underground stations, and all circuits leav¬ 
ing the switchboard upon the surface and lead¬ 
ing underground, shall if circuits are complete¬ 
ly insulated from the earth, he equipped with 
earth or fault detectors properly installed. 
Such detectors shall be inspected daily by a 
competent person, who shall report promptly 
to the superintendent of the mine the occur¬ 
rence of any ground. 

Rule 4. Main and distribution switch and 
fuse boards shall be made of incombustible, 
non-absorbent insulating material, which shall 
be free from metallic veins. The board shall 
be mounted upon supporting frameworks of 
iron or steel and fixed in a dry place. If in¬ 
sulated conductors are used in the wiring of 
the board the insulation of such conductors 
shall be flame proof. 

Rule 5. All high-voltage machines, appara¬ 
tus, and lines shall be marked by the use of 
the word “danger” at frequent intervals. 

Rule 6. Gloves and mats (or shoes) or rub¬ 
ber or other insulating material shall be pro¬ 
vided by the mine superintendent for use in 
making repairs or adjustments to the live parts 
of any electrical apparatus. 

Rule 7. Buckets filled with clean, dry sand 
shall be kept in all underground stations ready 


82 


for immediate use in extinguishing fire. The 
minimum quantity of sand thus stored in any 
one station shall be 2 cubic feet. 

Rule 8. Lamps or other proper lights shall 
be kept ready for use in all underground sta¬ 
tions where a failure of electric light is likely 
to cause danger. 

Rule 9. The operator of every mine where 
electrical equipment is installed underground 
shall make or cause to be made by a competent 
person, a clear and accurate plan, on a scale of 
not less than 200 feet to the inch, to be kept 
at the mine, showing the position of all sta¬ 
tionary electrical apparatus in connection with 
the mine, including fixed cables, conductors, 
lights, switches and trolley lines. The capacity 
in horse power of each motor and in kilowatts 
of each generator or transformer shall be shown 
on such plan and the nature of its duty. This 
plan shall be corrected and be brought up to 
date at intervals of not exceeding three months, 
and shall at all times be subject to examina¬ 
tion by the inspector. On failure or refusal 
of the operator to make such plan within three 
months after receipt of written notice so to do 
by the inspector, or failure at least once in three 
months to make the necessary corrections to 
bring the plan up to date, then the inspector is 
hereby authorized to have such plan or correc¬ 
tion thereof made, at the expense of the oper¬ 
ator, as provided by section 24 of this Act. 

Rule 10. A report shall be promptly made 
to the mine superintendent or mine foreman 
of every breakdown of any part of the elec- 


trical equipment in the mine, or of damage or 
injury thereto, or of any overheating or of the 
appearance of sparks or arcs outside of the in¬ 
closing casings, or when any part of the equip¬ 
ment not a part of the electrical circuit becomes 
alive. It shall be the duty of the person first 
observing such breakdown, injury, damage, 
sparking, arcing, or the fact that some part 
of the damage, sparking, arcing, or the fact 
that some part of the equipment, not so sup¬ 
posed to be, is alive, to make such report or 
to communicate such fact to the person in 
charge of the equipment in question, who shall 
thereupon make such report as prescribed. 

Rule 11. Whenever any electrical installa¬ 
tion is originally introduced into any mine 
notice thereof in writing shall be sent to the 
State Mine Inspector within three months from 
the date of such installation. Notice shall also 
be sent of any existing installation within three 
months after the coming into effect of this Act. 

Rule 12. All switches, circuit breakers, 
rheostats, fueses, and instruments used in con¬ 
nection with underground motors, generators, 
rotary convertors, high-voltage motors, trans¬ 
formers, and low and medium voltage motors 
of more than 50 horse power capacity shall be 
installed upon a switchboard constructed as 
provided in rule 4 of this section. Similar 
equipment for low and medium voltage motors 
of 50 horse-power and less may be separately 
installed if mounted upon insulating bases of 
slate or equivalent insualting material. 


84 


Rule 13. A pasageway not less than 3 feet 
in width shall be maintained in front of all 
switchboards installed underground and any 
passageway behind the switchboard' shall be 
made of like width , where there are connec¬ 
tions at the back of the switchboard: Provided , 
however , that in the case of high-voltage boards, 
such passageways shall be not less than 4 feet 
in width. 

Rule 14. The space at the back of the 
switchboard shall be floored; shall be accessible 
from each end, and shall be kept locked up 
in case of high-voltage boards, but no lock shall 
be used that will not permit the door being 
opened from the inside without the use of a 
key. Non-combustible flooring only shall be 
used at the back of high-voltage boards, except 
that rubber mats may be used as provided in 
rule 6. 

Rule 15. No conductor shall cross a pas¬ 
sageway at the back of a switchboard except 
below the floor, or at a height of not less than 
7 feet above the level of the floor. 

Rule 16. No live metal work shall be placed 
on the front of high-voltage switchboards 
within seven feet of the floor. If live metal 
work is placed on the front of medium-voltage 
boards, insulating mats or floors shall be pro¬ 
vided. 

Rule 17. All exposed terminals on under¬ 
ground machines shall be protected with prop¬ 
erly designated insulating covers of suitable 
material, or with metal covers connected to 
earth. 


85 


Rule 18. Transformer rooms shall be of 
fire-proof construction. 

Rule 19. All underground cables and wires, 
unless provided with grounded metallic cover¬ 
ing, shall be supported by efficient insulators. 
The conductors connecting lamps to the power 
supply shall in all cases be insulated. 

Rule 20. Cables and wires unprovided with 
metallic coverings shall not be fixed to walls 
or timbers by means of insulating fastenings. 

Rule 21. Overhead transmission lines be¬ 
tween the generating station or substation and 
the mine entrance shall be supported upon in¬ 
sulators which shall be adequate in quality, 
size and design for the voltage transmitted. 
Where such line is more than 500 feet in length, 
lighting arrestors shall be installed in connec¬ 
tion therewith at the generating station and 
at the entrance to the mine. Such line at the 
lowest point shall be maintained not less than 
14 feet above the ground and above any scaf¬ 
fold, trestle, or embankment, used as a road 
or traveling way, except at the point of en¬ 
trance to the mine. 

Rule 22. Buried cables shall be sufficiently 
protected. 

Rule 23. Every completely insulated feeder 
circuit in excess of 25 kilowatts capacity lead¬ 
ing underground where the supply does not 
exceed the limits of a medium-voltage supply, 
shall be provided above ground with a switch 
on each pole and an automatic overload cir¬ 
cuit breaker on at least one pole in the case 
of a direct-current circuits and on at least two 


86 

poles in the case of polyphase alternating cur¬ 
rent circuits. In the case of ground-return 
direct-current circuits a switch and current 
breaker shall be installed in the undergrounded 
side of the circuit, but may be omitted from 
the return side. Fuses may be substituted for 
circuit breakers in circuits transmitting 25 
kilowatts or less. 

Rule 24. Every high-voltage alternating- 
current feeder circuit leading underground 
shall be provided above ground with an oil 
break switch on each pole, and every such 
switch shall be equipped with an automatic 
overload trip. 

Rule 25. Every branch circuit other than 
a trolley circuit shall be provided with a 
switch of not less than 100 ampere capacity 
on each pole at the point where it leaves the 
main circuit. 

Rule 26. The non-grounded side of ground¬ 
ed circuits shall be efficiently insulated from 
earth. 

Rule 27. Where wires for electric lamps 
are connected to a trolley wire the car of 
the trolley hanger to which connection is made 
shall be provided with a drilled lug and a set 
screw for attaching the lighting wire. Such 
lighting wires shall not be wrapped or tied 
about the seams or studs of trolley hangers. 

Rule 28. Wires for all lighting circuits 
shall be covered with an insulation adequate 
for the voltage of the circuit, and, unless en¬ 
cased in pipes or other metallic covering shall 
be strung on porcelain or glass insulators. 


87 


Separate uncased wires shall be kept at least 
3 inches apart, except where they enter the 
fittings. Metallic casings, if used, shall be 
efficiently grounded. 

. Rule 29. Trolley wires shall be installed as 
far to one side of the underground workings 
as is practicable and shall be securely sup¬ 
ported upon hangers efficiently insulated and 
placed at such intervals that the sag between 
points of support shall not exceed 3 inches. 

Rule 30. At all places where men are re¬ 
quired to work or pass regularly under trolley 
or other bare power wires, which are placed 
less than 8 y 2 feet above top of rail, a suitable 
protection shall be provided, which may con¬ 
sist of channeling the roof, or of placing 
boards along the wire, which shall extend 3 
inches below it, or in the use of any other 
device that will afford protection. All such 
places shall be well lighted with electric 
lamps. 

Rule 31. All wires except telephone, shot¬ 
firing, and signal wires shall be on the same 
side of the working as the trolley wire. 

Rule 32. All power wires and cables in 
hoisting shafts or manways compartments 
shall be highly insulated and substantially 
fixed in position. All shaft cables shall be 
supported by grips that cannot cause abrasions 
of the covering or insulation, so placed that no 
part of the cable shall be under a tension 
greater than one-fourth of its ultimate 
strength. Where the cables are not completely 
boxed in and protected from falling material, 


88 


space shall be left between them and the side 
of the shaft so that they may yield and lessen 
a blow from falling material. 

Rule 33. Where the cables or feed wires 
in main roads cannot be kept at least 12 inches 
from any part of the mine car or locomotive, 
they shall be specially protected by proper 
guards. 

Rule 34. Cables shall be temporarily pro¬ 
tected against damage at any point where 
workings are being repaired or where blasting 
is being carried on. 

Rule 35. The exposed ends of the cables 
where they enter fittings of any description 
shall be so protected and finished off that 
moisture cannot enter the cable, or the in¬ 
sulating material leak out, if of an oily or vis¬ 
cous nature. 

Rule 36. Where unarmored cables or wires 
pass through metal frames or into boxes or 
motor casings, the holes shall be substantially 
lined with insulating bushings. 

Rule 37. All joints in conductors shall be 
mechanically and electrically efficient and 
shall he soldered wherever possible. Where 
conductors cannot be soldered together, suit¬ 
able screw clamps or connectors shall he used. 
All joints in insulated wire, shall, after the 
joint is complete, be reinsulated to the same 
extent as the remainder of the wire. 

Rule 38. Where cables are joined', .suitable 
junction boxes shall be used, or the joints 
shall be soldered, and the insulation, armor- 


89 


ing, or lead covering replaced in as good con¬ 
dition as it was originally. 

Rule 39. Fuses and automatic circuit break¬ 
ers shall be constructed so as effectually to 
interrupt the current when a short circuit 
occurs or when the current through them ex¬ 
ceeds a predtermined value. Open-type fuses 
shall not be used. 

Circuit breakers shall be adjusted to trip 
at from 50 to 150 per cent of their normal rated 
capacity, and shall be provided with indicators 
that shall show at what current the circuit 
breakers are set to trip. 

Rule 40. Circuit breakers used to protect 
feeder circuits shall be set properly to pro¬ 
tect the circuit, but shall always be set to 
trip before the current exceeds by more than 
50 per cent of the current carrying capacity 
of the feeder. 

Rule 41. All points at which a circuit has 
to be made or broken shall be provided with 
proper switches, which shall be so installed 
that they cannot be closed by gravity. 

Rule 42. Fuses shall be stamped or marked, 
or shall have a label attached, indicating the 
maximum current that they are intended to 
carry. Fuses shall be adjusted or replaced 
only by an authorized and competent person. 

Rule 43. The capacity of fuses used to pro¬ 
tect feeders shall not exceed the current ca¬ 
pacity of the feeder by more than 25 per cent. 

Rule 44. All switches, circuit breakers and 
fuses shall have incombustible bases. 


90 


Rule 45. Stationary motors underground, 
together with the starting resistance, shall be 
protected by a fuse on each pole, or by a cir¬ 
cuit breaking device on at least one pole for 
direct current, and two poles for alternating 
current paotors, and by switches arranged to 
cut off entirely the power from the motor. 
These devices shall be installed in a conven¬ 
ient position near the motor. Every station¬ 
ary motor undreground, of 100 brake horse¬ 
power or over shall be provided with a suit¬ 
able meter to indicate the load on the machine. 

Rule 46. The exterior of the sockets of all 
fixed incandescent lamps shall be entirely non- 
metallic. 

Rule 47. The use of flexible lamp cord for 
lighting connections is prohibited except for 
portable incandescent lights to be used in con¬ 
nection with the inspection and repair of 
machinery and equipment. Such portable 
lights shall be protected by a wire cage large 
enough to inclose both lamp and socket and 
shall be provided with a handle to which the 
light and socket shall be firmly attached and 
through which the leading-in wires shall be 
carried. 

Rule 48. Incandescent lamps shall be so 
placed that they cannot come into contact 
with combustible material; and shall be so 
placed that an adequate circulation of air may 
take place on all sides of them. 

Rule 49. Where electric hoisting is em¬ 
ployed, at least one shaft accessible from all 
parts of the mine shall be equipped with an 


91 


electric hoist supplied by separate feeders run 
from any convenient distributing point so that 
the power on either or both circuits can be 
kept on when all other circuits in the mine 
are cut: Provided, however, that any hoist 
driven otherwise than by electricity and ac¬ 
tually in use shall be considered the equiv¬ 
alent of an electric hoist with such separate 
circuit for the equipment of such generally 
accessible shaft. 

§ 47. That the following rules relating to 
the care of electrical equipment, in this sec¬ 
tion set forth* shall be observed in every mine 
wherein electricity is or may be used for 
lighting or motive power. 

Rule 1. It shall be unlawful for any per¬ 
son working in or about a mine to cause will¬ 
fully another person to receive an electric 
shock. 

Rule 2. It shall he unlawful to direct or 
permit an inexperienced person to work on 
live apparatus. 

Rule 3. No person shall handle electric 
wires or conductors, or electrical apparatus 
of any kind, or enter an electrical machine 
room or underground station "without author¬ 
ity. 

Rule 4. No person shall be allowed to work 
any electrically driven apparatus unless he shall 
have been previously instructed in the per¬ 
formance of his duties by a competent person 
and shall have been duly authorized by the 
mine superintendent or mine foreman. 


92 


Rule 5. No repairing or cleaning of any 
electrical apparatus, except mere oiling or wip¬ 
ing shall be done when the current is on. 

Rule 6. Electric lamps underground shall 
not be installed or replaced save by a compe¬ 
tent person to be designated or appointed by 
the mine foreman. 

Rule 7. Instructions for the restoration of 
persons suffering from electric shock shall be 
posted at the entrance to the mine, in every 
generating station, or sub-station, and in all 
underground stations. All employees working 
in connection with electrical apparatus shall be 
required by the mine superintendent to familiar¬ 
ize themselves with these instructions, and shall 
be capable of applying them before entering 
upon such work. 

Rule 8. It shall be unlawful to damage wil¬ 
fully, or without proper authority, to alter or 
make connections to any electrical lines or 
conductors, machines, apparatus, or part there¬ 
of, used in connection with the supply or use 
of electricity. Any violation of this provision 
shall be deemed to constitute a misdemeanor 
and shall be punished as hereinafter provided. 

Rule 9. All apparatus and wiring shall be 
inspected at least once in every 15 days by a 
person designated for the purpose by the super¬ 
intendent, such person shall make a report 
once in each month, to the superintendent, of 
the inspections he has made, noting all defects 
found and how repaired or remedied. 

§ 48. Any person who neglects, refuses, or 
fails to perform or discharge the duties or re- 


93 


sponsibilities imposed and required to be per¬ 
formed or discharged by any section, clause, 
provision or rule of this Act, or who does any 
act or thing declared to be unlawful or pro¬ 
hibited by any such section, clause, provision 
or rule, or who violates any provision or re¬ 
quirement of this Act, shall be deemed guilty 
,of a misdemeanor, and, upon conviction thereof 
in the proper court of the county in which 
the misdemeanor was committed, shall be pun¬ 
ished by a fine not exceeding $500.00 or by 
imprisonment in the county jail for a period 
not exceeding six months, or by both such 
fine and imprisonment, at the discretion of the 
court, unless otherwise provided. 

The county courts of all counties within 
this State shall have and exercise within the 
limits of their respective districts, jurisdiction 
over all offenses and proceedings under this 
Act All fines and penalties imposed or pay¬ 
able under this Act may be recovered by dis¬ 
tress and sale of any mining or other personal 
property of the offender; and in default of suf¬ 
ficient distress, by imprisonment for any term 
not exceeding six months. 

It shall be the duty of the Attorney General 
and State’s attorneys to prosecute all viola¬ 
tions of this Act, or all cases of neglect, re¬ 
fusal, or failure to perform or discharge the 
duties or responsibilities imposed and required 
to be performed or discharged by said Act. It 
shall also be the duty of such Attorney General 
or State’s attorneys, upon request made, to 
assist the inspector of mines in obtaining com- 


94 


pliance with this Act, or any provisions thereof, 
by the institution of appropriate legal proceed¬ 
ings and to represent such inspector in any 
and all legal proceedings brought against him 
in his official capacity. 

§ 49. This Act shall take effect and be in 
force on and after the first day of January, 
1922. 

Approved June 29, 1921. 






I 







